Can a tenant avoid small claims court by part payment

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M
Mr Millet
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I have asked my letting agent to recover service charges owed by my tenant. The tenant owes 6000 so the agent has lodged a claim online. As the claim is above 5000, this should be outside of the small claims court procedure and I can ask the court to order that the tenant pays my legal costs. What happens if the tenant is served with notice of proceedings and pays off say 2000 of the claim after service of my claim for 6000 as an undisputed amount? Will the claim then become a small claim and prevent me from having my legal fees paid by the tenant??
13/11/2012 00:00

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