Universal Credit - Recovering rent arrears after tenant has moved out.

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    Universal Credit - Recovering rent arrears after tenant has moved out.

    Hello,

    I was recently awarded an Order of Possession against a tenant how subsequently left the property. However, they incurred roughly £4000 in rent arrears and have expressed no intention in repaying it. To the best of my knowledge, they have minimal assets and are a Universal Credit recipient. What action should I take next?

    I am struggling to find a solution and appreciate any ideas.


    Thanks

    #2
    start a MCoL immediately - it might not get your money back but a judgement will follow them around and stop them getting credit or another private landlord !!

    Comment


      #3
      Originally posted by GuyMcmillan View Post
      Hello,

      I was recently awarded an Order of Possession against a tenant how subsequently left the property. However, they incurred roughly £4000 in rent arrears and have expressed no intention in repaying it. To the best of my knowledge, they have minimal assets and are a Universal Credit recipient. What action should I take next?

      I am struggling to find a solution and appreciate any ideas.


      Thanks
      Did they pay a deposit? how were they paying the rent?

      Comment


        #4
        Send LBA today to such address as you have (probably property) then sue small-claims MCoL. Get CCJ - so any loan/credit agreement such as mobile 'phone contract impossible/expensive THEN find out where they are & hope to collect over following 6 years - hopefully get assets or PAYE job for attachment of earnings
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by MisterB View Post
          start a MCoL immediately - it might not get your money back but a judgement will follow them around and stop them getting credit or another private landlord !!
          It had a money judgement attached

          Comment


            #6
            ... so attachment of earnings.

            Do you have work details, bank accounts, NI number, DoB etc etc etc??

            You've got 6 years to collect: No rush!
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by theartfullodger View Post
              ... so attachment of earnings.

              Do you have work details, bank accounts, NI number, DoB etc etc etc??

              You've got 6 years to collect: No rush!
              I appreciate the help. I don't have any work details as I believe they are unemployed. I am looking into third-party deductions as I see this as the only viable method. I can either go through the court as a traditional third party deduction or through Universal Credit, although it's unclear whether this applies for past tenants (Universal Credit), although I see no reason why it wouldn't. I will update this post when I work out what I am doing and make progress.

              Thanks, again

              Comment


                #8
                Deductions from benefits only possible if you are council or housing association. Keep tabs on them, particularly if they get job, asset, inherited. Patience!
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by theartfullodger View Post
                  Deductions from benefits only possible if you are council or housing association.
                  Private Landlords can request 3rd party deductions from UC for rent arrears.

                  But only from a current tenant as part of an 'Alternative Payment Arrangement'.

                  UC don't like doing it (it's against 'policy') so make it dificult to do.
                  Although they are under pressure about this and are gradually backing off.

                  https://www.understandinguniversalcr...ds-need-to-do/

                  https://assets.publishing.service.go...rangements.pdf

                  Comment


                    #10
                    Thanks nukecad, didn't realise that.
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Like a lot of things benefit related it's easier to get a UC APA for direct rent payments in Scotland.

                      The tenant can even opt to have rent payments made direct to their LL, they are given the choice at the start of their claim.
                      https://www.gov.scot/publications/fu...ving-scotland/

                      Comment

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