When is best to claim for rent arrears

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M
Maudotron
15 Posts
0 Thanks
Hi there,
I'm just wondering when the best time to claim for rent arrears would be. At the time of writing, the tenant has missed 2 months rent at 950 per month plus 400 outstanding from another month. He is on a rolling contract but until I came to evicting him, I didn't know about the changes in the section 21 law. I issued that on the 1st of December (when his 2nd month's rent was due and not paid) and I also issued the prescribed deposit terms the day before.
I am worried that when the section 21 notice runs out (January 31st) he will have amassed rent arrears beyond the 3,000 limit for taking him to the small claims court (Nov, Dec, Jan and Feb rent plus 400 outstanding = 4,200) and then having to fork out for legal advice for taking him further than small claims.
I was hoping to use the deposit of 950 for the unsightly changes he has made to the property and possibly some rent arrears.
Would it be better to sue for 3,000 in small claims and avoid the legal rigmarole? And if so, could I sue from January 1st as he will be 3 months in arrears then but still be entitled to 1 month at the property.
Thanks in advance for any help or advice,
Matt
30/12/2013 17:55

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