Tenant to pay the legal cost of eviction?

Tenant to pay the legal cost of eviction?

by Readers Question

Guest Author

9:24 AM, 26th March 2024, About 3 months ago 13

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Hi, I had a court hearing where we requested the judge to add the legal cost to the money order for 15 months of unpaid rent. As per the judge, this was not possible as my rental agreement does not have a clause for the tenant to pay the legal cost of eviction.

Considering the tenant has now appealed for the case to be reheard making many false stories and is clearly planning to not move out of the property and stay rent-free, I am sure I will be spending more cost with the solicitors.

Has anyone gone through this situation and is there any notice or document I can send to the tenant so any further legal cost of eviction becomes the tenant’s liability to pay?

Thanks,

Siva


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Comments

Robert M

12:08 PM, 26th March 2024, About 3 months ago

You cannot unilaterally add clauses to the tenancy agreement (AST), after the date when the AST was signed by both parties. It is important to ensure that your AST contains all the clauses needed at the outset, including any clauses relating to recovery of costs incurred.

DAMIEN RAFFERTY

15:54 PM, 26th March 2024, About 3 months ago

If you try to add a new clause to an AST which makes the tenant liable to pay court costs I would guess that it would be unenforceable as it would be seen as an unfair term in the Terms and Conditions.
Speak to a solicitor

Mary Afolabi

16:33 PM, 26th March 2024, About 3 months ago

If you have landlord insurance, maybe they can help. Some insurance have legal assistance add-on.

David Houghton

17:52 PM, 26th March 2024, About 3 months ago

Am I missing something. It's normal for the court to award costs to the losing party. It may if course be fixed costs unless it's allocated to the multi track

Robert Sled

18:13 PM, 26th March 2024, About 3 months ago

Ultimately do you really expect you will be able to collect this money even if the court did include it in their order? All this money should be considered completely lost forever (unless you can get an attachment of earnings maybe). I could be wrong, but I don't expect to collect one solitary bean from people who do this kinda thing

Paddy O'Dawes

19:24 PM, 26th March 2024, About 3 months ago

Wait for the appeal then ask for costs. If the appeal is deemed as time wasting and being unreasonable or there is fundamental dishonesty it will work in your favour. Add a clause to your next tenancy agreement that states any and all costs of eviction proceedings will be recovered if pursued to success.Speak to your solicitor in the first instance

Smiffy

20:36 PM, 26th March 2024, About 3 months ago

Another idiot judge.

Fizi247

10:58 AM, 27th March 2024, About 3 months ago

If your tenant is on full Universal Credit payments without additional income, it may be challenging to recover any legal costs from them. In such cases, having comprehensive landlord insurance is crucial as you may not be able to claim any expenses from the tenant.

Considering this, it is essential to explore landlord insurance options to protect yourself financially in situations where recovering costs from tenants on benefits may not be feasible.

Heather G.

12:37 PM, 27th March 2024, About 3 months ago

Could someone please provide me with the wording they use in their AST regarding recovering court/eviction proceeding costs? Our tenant asked us for a S21 and I warned her that she would have to pay the costs, but we don't have a clause in our AST covering eviction costs!

Ron

20:01 PM, 27th March 2024, About 3 months ago

Something along the lines of

The tenant is liable for any costs including lawyers fees and court costs incurred by the landlord in enforcing the terms of this agreement or any associated breach.

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