Rent Arrears Recovery
Specialist Property Solicitors
DCB Legal provides landlords an effective service for both regaining possession of a property and recovering rent arrears. There are two main routes for recovering rent arrears.
The first is for tenancies where the tenant is still in the property and owes more than 2 months of arrears; in this instance, a Section 8 notice can be issued, and the arrears can be awarded on the possession claim.
The other method would be to issue a money claim which can be used for both current and former tenants.
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Issuing a Section 8 notice for Rent Arrears
The most common reason to issue a section 8 notice is for rental arrears. This is a mandatory ground for evicting a tenant if the arrears are more than 2 months, so if a landlord wishes to evict a tenant as well as recover arrears, this is the best choice. When a claim is issued under this process, landlords will not have to pay additional court fees, and arrears can be claimed up to the date the tenant vacates the property.
Issuing a Money Claim for Rent Arrears
The alternative route to recovering arrears is by issuing a money claim. The benefits of this process are that it can be used concurrently with Section 21 proceedings, meaning that the possession claim may still be carried out under the accelerated procedure. Additionally, this process can be used to recover arrears from tenants who have already left the premises. The court fees in this process are separate and are dependent on the balance of the arrears.
Our One Solution
Leaders in our specialist fields.
DCB Legal work in conjunction with our sister company, DCBL, to provide our clients with a ‘one solution’ service in all of our specialist fields; Debt Resolution, Civil & Commercial Litigation, and Landlord & Tenant Services.
Our seamless case transfer means all of our clients have access to the UK’s Leading High Court Enforcement firm to provide an expeditious resolution.
Enforcing an order
As the sister firm to DCBL, the leading high court enforcement firm in the UK, we understand the practicalities of enforcing an order and will carry out every step to ensure landlords are in the best position to enforce their claim. We can also offer alternative enforcement methods for rent arrears recovery, such as obtaining an attachment of earnings if the tenant’s employment is known, or a third-party debt order against the tenant’s bank accounts.
Why use a Law Firm?
Whether claiming for arrears through a Section 8 or through a money claim, there are many intricacies to the process that tenants may take advantage of. Our team of specialist property lawyers means we can offer landlords an unparalleled service for both recovering arrears and regaining properties. Many steps, such as the letter of claim or application to transfer-up to the High Court, are often missed even by the most experienced of landlords and can lead to adverse costs or delays.