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Providing Support to Landlords and Agents
Money Judgements for Rent Arrears
If you have decided to take the route of the Section 21 possession you will not be able to include any rent arrears in your claim. Many landlords like using the section 21 eviction route so they are guaranteed possession and choose to make a seperate money claim alongside the process.
You can do this using 2 methods; either using the centralised Money Claim Online (MCOL) system or make an application to the local County Court.
The outcome if successful will be a County Court Judgement (CCJ) which you enforce using a few different methods such as gaining an attachment of earnings order or instructing our High Court Enforcement Officers, etc.
Whether you are a Landlord or a Lettings Agency we have solutions to help you manage your property portfolio.
Local County Court claim
Money Claim Online with centralised court centre
Starting a Claim in the relevant local County Court
To start a new claim you will be required to file it with the relevant County Court. The claim form needs completing in full and you will need to prepare and submit the enclosures (evidence) in accordance with the courts requirements. The accuracy of the paperwork is very important. After submission of the claim you will be sent confirmation by post which will confirm the date and location of the hearing. The tenant (defendant) will have the claim form served upon them and be provided with a response pack. They have 14 days to file a defence and/or counterclaim using the response pack. There will be other documentation required to be completed and prepared prior to the hearing.
What happens if the claim is defended by the tenant?
This process always results in a court hearing anyway so does not effect the initial process. The court will provide you with a copy of the defence.
The Hearing
The hearing is typically listed between 4 and 8 weeks after the claim is received by the court however the timescales do vary from court to court. On many occasions the defendant does not even turn up at the hearing so you will be required to make your case (explain the situation) and it is likely the Judge will issue 'a judgement by default' due to the defendants lack of appearance.
How we could help you
We complete the claim form and prepare the evidence documents for you and other documentation which is required to be actioned prior to the hearing. We also provide the information in regards to what needs to be done prior to the hearing and the process as a whole .
Starting a Money Claim Online(MCOL).
As it says in the title this process is carried out online. You are required to register for an online account on the courts MCOL system. After completing the basic claim details you then need to provide a full explanation of the claim in detail. After submission of the claim you will be sent confirmation by post and the tenant (the defendant) will have the claim form served upon them and be provided with a response pack. They have 14 days to file a defence and/or counterclaim using the response pack. If no defence is filed you can then request the court to order them to pay the debt which is referred to as 'entering judgement by default' which means no court hearing. You can then move on to enforcing the debt.
What happens if the claim is defended by the tenant?
The claim will then be transferred from the centralised court to the defendants local county court. You will be provided with a copy of the defence filed and a hearing will be listed. There will be other documentation required to be completed and prepared prior to the hearing.
Timescales
If the case stays undefended the process is very quick. If a defence is filed and a hearing therefore listed the online process has a bit of a pit fall in comparrisson to using the local court filing process. The pitfall is that the centralised court can take quite a while to transfer the claim to the local court which is very frustrating as you would expect an online service to be quicker.
How we could help you
We provide an MCOL support service which assists you with the creation of your online account right through to submission. We also provide the information in regards to the process of defended claims, the forms and the supporting documentation required.
MCOL Support
£50*
Standard Money Judgement Claim
£75*
+Vat
+Vat
Court Fees For Your Claim*
| Claim value | MCOL | Local Court |
| Up to £300 | £25 | £35 |
| £300.01 - £500 | £35 | £50 |
| £500.01 - £1,000 | £60 | £70 |
| £1,000.01 - £1,500 | £70 | £80 |
| £1,500.01 - £3000 | £80 | £95 |
| £3,00.01 - £5,000 | £100 | £120 |
| £5,000.01 - £15,000 | £210 | £245 |
| £15,000.01 - £50,000 | £340 | £395 |
| £50,000.01 - £100,000 | £595 | £685 |
The court fees are paid directly to the court
Pay Online
This is to pay our fee not the court fee. Only make payment if you have already completed the instruction form and we have subsequently confirmed it is ok to proceed to payment.
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