Costs of Eviction Advice Deductable from Deposit

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T
Tom39
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Dear Sirs,

I use the RLA's standard AST and specify 10 charges for returned cheques and reminder letters etc.

I have recently been able to secure a Court judgement for a S8 rent arrears eviction. Unfortunately the only cost the Court sanctioned for reimbursement to me was the standard 150 court fee: 450 hundred pounds of additional costs I incurred using a specialist eviction firm ("Evicthem") to prepare and serve the necessary Court papers were deemed by the Court to be non-claimable as the firm in question had no registered solicitors on its staff. I agreed to waive my rights to repossession pending the errant tenant's payment of the S8 rent arrears plus the sanctioned (150) court fee so the tenancy agreement and the tenant himself are still in place and I continue to hold his registered deposit.

I would be grateful for your advice on two questions arising:

(1) Would I be able to deduct my additional costs of 450 from the tenant's deposit in order to achieve full reimbursement for myself in respect of this highly unpleasant episode?
(2) Had I used an eviction firm with registered solicitors on its staff would the Court have been bound (or at least more favourably disposed) to include these additional costs in its judgment as well as the 150 Court fee?

Despite the above, I felt that the Court process (at least "on the day") proved to be eminently fair to my interests as plaintiff/ landlord. The Duty Solicitor in particular was superb. Judgement was delivered within two minutes and in commendably authoratitive terms. I would be willing to accompany any landlord to such a hearing - I myself ending up paying a third party (who had some knowledge of the case in hand) to stand "shoulder to shoulder" with me on the day as I felt so ill.

Thank you for your assistance.

TomD

19/05/2010 00:00

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