Advice on CCJ after section 21 and section 8?

Advice on CCJ after section 21 and section 8?

9:55 AM, 7th February 2023, About 2 years ago 22

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Hi everyone, I am a 1.5-year property owner who let the property out and ended in this sad situation. I wonder if any of you had experience with the CCJ or MCOL?

I let out my property on June 2021 for 1 year with a guarantor, then renewed it for a new one for a break clause of 6 months with 2 months’ notice because it was on the market for sale. Tenants understood and agreed to that.

Luckily a buyer agreed with the purchase of the property with the tenant vacant in Aug 2022, notice was given to the tenants to move out by mid Oct 2022 and it was in the process of the sale.

By October 2022, tenants did not leave and a 2 months notice of S21 was given (the last day of that was in December 2022 ).

They decided to stay after the end of the S21 date and to stop paying the rent in Jan 2023, and the buyer has pulled out of the deal, so all the time and money were wasted, but I don’t blame the buyer, I would do the same if I was them.

So, an S8 letter was sent from my eviction company, and the last day of payment was on the 3rd of Feb. Now I am instructing my solicitors/eviction company regarding the process.

Therefore, assuming I will win both cases, after the court hearing for both of my procession and arrears, and the possibility of County Court bailiffs issuing a warrant for possession for eviction. I will need the CCJ / MCOL.

1) Should the guarantor on the 1st year TC be liable for the second AST? I don’t see his name on the second one. I guess not right?

2)What’s the difference between CCJ & MCOL?

3) What kind of money am I entitled to claim from the tenants? I guess the deposit would not be enough since he owes me at least 2 months’ rent already.

4) Besides the rent arrears, am I entitled to claim the S21 and S8 solicitors’ fees?

5) How about the money I lose from the sale and the property sale solicitor’s fees?

6) How to check if he has any money or assets for me to make a claim?

Thank you so much!

Can tell me something about this, please? My solicitor is so busy that it’s hard to ask them anything, and I would like the hear your thoughts on this matter so I can compare things later on.

I wish there is a bad tenant list for the LL, so everyone can watch out.

Best regards,

James


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Ian Narbeth

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13:47 PM, 7th February 2023, About 2 years ago

Reply to the comment left by Ian Ian at 07/02/2023 - 13:38
Ian Ian, you write: "Sounds like I can ask the guarantor too!". No, unfortunately you cannot if a new AST was signed without a guarantor as it is not a periodic tenancy or statutory periodic tenancy.

As I said in my first post, pester your solicitor if you are not getting proper service.

Ian Ian

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13:49 PM, 7th February 2023, About 2 years ago

Reply to the comment left by Ian Narbeth at 07/02/2023 - 13:47
Oh, I replied to the wrong person, sorry! Anyway, yes I got it thanks

Ian Narbeth

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10:27 AM, 8th February 2023, About 2 years ago

Reply to the comment left by Ian Ian at 07/02/2023 - 13:38
I should have added that the wording: "For the avoidance of doubt, the guarantor obligations under this guarantee ..... include[s] any re-grant of a tenancy." does not work. The guarantor needs to sign a fresh guarantee, in the re-granted tenancy, or in a separate deed."

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10:29 AM, 8th February 2023, About 2 years ago

Reply to the comment left by Ian Narbeth at 08/02/2023 - 10:27
Oic, thanks

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10:31 AM, 8th February 2023, About 2 years ago

Reply to the comment left by Judith Wordsworth at 07/02/2023 - 12:18
Many thanks, I will look into those, cheers

Mane Heaton

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18:51 PM, 8th February 2023, About 2 years ago

Reply to the comment left by Ian Ian at 07/02/2023 - 11:27
You say 'no money no talk'. Why should the solicitors help you with your detailed questions without a fee? I take it from your post you wanted this advice for free?

Like another saying goes: no money no honey 😒

Silver Flier

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4:38 AM, 9th February 2023, About 2 years ago

Reply to the comment left by Ian Narbeth at 08/02/2023 - 10:27
Thanks Ian, you raise a very interesting point.
My agent has been insisting that, with the Fixed term expiring, we needed a new AST. But the draft of the new AST did not mention the Guarantor, and I asked for it to be revised. I was surprised when the agent then said we would need a new guarantee.
The Agreement with the Guarantor is separate from the AST and says "The guarantee and indemnity created by this Guarantee will continue notwithstanding any renewal, extension, or continuation of the Tenancy Agreement, whether fixed term, periodic or statutory periodic."
That seemed pretty clear to me, but you seem to be saying that it doesn't work.

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8:17 AM, 9th February 2023, About 2 years ago

Reply to the comment left by Mane Heaton at 08/02/2023 - 18:51
Hi Mane, I think it was me who posted that. Anyway, yes I would like advice for free, that a why I posted here, and so was every other question posted on this forum, isn't what this forum is for? A bit of advice, suggestion, and direction on where to go next?

As mentioned, I will be asking my solicitor to accomplish all these procedures, just wanted to know in advance, hope you are ok with that.

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8:22 AM, 9th February 2023, About 2 years ago

Reply to the comment left by Silver Flier at 09/02/2023 - 04:38
Hi Silver,

I sent two AST copies ( 1 with a guarantor, and 1 without ) to my eviction company to look at, since I'm about to send an S8 notice to the court, asked them if it is ok to add the guarantor name on it.

They suggested that they will add the guarantor's name when it comes to MCOL, so that seems ok to me which means the guarantor still has the responsibility.

DPT

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12:48 PM, 9th February 2023, About 2 years ago

Reply to the comment left by TheBiggerPicture at 07/02/2023 - 13:04
A periodic tenancy on the same terms will arise automatically when a fixed term AST ends. It is therefore still assured and shorthold.

Yes, the tenant can give notice. Its a minimum of a month expiring at the end of a tenancy period, so in practice between 1 and 2 months. However, if a tenant wishes to leave, only a foolish landlord will try to use the tenancy agreement to lock them in, so in practice a fixed term tenancy only benefits the tenant.

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