Aiming to get a CCJ on ex tenant

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    Aiming to get a CCJ on ex tenant

    Apologies if I have posted this before, but I cannot find my original post, if I did indeed post!
    I rented my property to a tenant. I knew at the start of the tenancy that the partner planned to move in at a later date, although the tenant denied the partner ever moved in as I expect they did not want to pay referencing fee( this was a couple of years ago). It is also generally thought that this was done for benefit reasons (as per neighbours). Long story short. ex tenant left the property owing close to £3k. I can get a ccj on the tenant but I also want to obtain one on tenants partner. I can prove that the tenants partner lived at the property but they never signed an AST. What are my chances and is there any argument that I can use when in court to secure a CCJ against tenants partner? It is not clear who paid the rent as the reference on my bank statement is property address rather than tenants name. Also with the benefit of hindsight, it is clear to see that the tenant could not of afforded, on his own, the rent, whilst being able to eat, pay the bills and run the 2 cars that were at the property etc. Any advice very welcome. Thankyou

    #2
    imo: If the partner is not named on the agreement, then you have no contract with partner and so no basis on which to make a claim.

    Comment


      #3
      The tenant's partner doesn't owe you any money and never did.
      It's a vindictive and misplaced idea that might even damage your claim against the actual tenant.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thanks for your comments. I do not think it is vindictive, however I can see where you are coming from. These people actively damaged my property and point blank refused to pay the rent because it no longer suited them too. It has come to light that I am not the first landlord that they have done this too. He passed credit checks as no previous landlord pursued them for arrears. I think there is a principle at play here and they need to be flagged up as troublesome to any future landlords.

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          #5
          Just concentrate on ex-tenant if you are sure they have assets, then follow thru pursuing CCJ.
          Good luck

          Comment


            #6
            Send your ex tenant a 14 days pre action letter first.

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              #7
              I can not see you getting anywhere with the ex tenants partner but i totally agree you should chase the non paying tenant until the end of time, its is the previous landlords in not going after the arrears which then caused your tenant to be able to not pay you...... somewhere a stand has to be made.

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                #8
                I understand you are upset but chase the person named on the lease, if they are together still it will impact the both of them so chasing for the CCJ on the named tenant will still impact the one not named as it will carry forward with them if they don't pay right away and when they try and rent again I'm sure most landlords will require both to be referenced.

                I have a rather nervous view of CCJ's for whatever reason they were obtained I just refuse to rent to anyone with a CCJ. I heard everything under the sun when showing tenants round, one was earning 50k a year but for some reason could not pay off a £400 CCJ (or refused to), another did not know they had a CCJ until I advised them to do a free credit check, another had moved house and had no details of it. In the end while some excuses may be valid it was to difficult to understand the stories so I just decided a blanket no.

                So when you get the CCJ at least it will hopefully show them that if they don't pay it immediately (within a month) so that it gets wiped from their credit file it will impact them signifiicantly for the next five years. The five years will give them long enough to hopefully not make the same mistake again going forwards.

                I strike my advice if the tenant had any form of illness or struggled with finance due to factors beyond their control

                Just my personal view

                All the best Stew.

                Comment


                  #9
                  I would follow all the way to CCJ on the ex-T, it will last for 6 years in that time if they every win the lottery you can still enforce it. Reality is that it helps other L's who check out T's prior to letting, those who don't will learn the lesson. T's currently have much more powers than L's under the current climate it's always better to vet prospective T's and CCJ's are the tool L's have in order to see if the T pays their liabilities or not.

                  Comment


                    #10
                    I believe a ccj is not subject to the statute of limitations hence the point of securing your position before the expiry of the 6 years.

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