MCOL & PCOL

[OS7]

Are you required to provide him a letter, so he can get credit?


Frankly, I think you are too gullible to be a landlord, and should sell up when this guy finally moves out.

perhaps I should!! if only my tenants will move. I became an accidental landlord during the last recession - not my choice.

If you have a CCJ , it will show up on credit history and no one will give him any credit and he may not be able to rent privately at all - unless he finds another gullible landlord like me! saying that his credit history was clean when he became the tenant of my property. anyway i am not bothered by all this, I just would like to know if I am legally obliged to provide him letter to say that he has satisfied his CCJ.

[OS7]

What health issues is he claiming?

well it is variety of issues- ever changing , I don't want to get involved with these. It may be true and unfortunately if it is , i can't help them anymore

[jpkeates]

If you don't send a letter, they can apply to a court to have the judgement marked as satisfied.
The court will then write to you and you can either reply and confirm it (or say it hasn't been satisfied), or if you don't reply, the court will mark the judgement as satisfied.

Technically, you could argue the judgement hasn't been satisfied because the money was sent to the wrong people and they've deducted fees from it as a result.
On the other hand, it may be that the tenant only had the agent's bank details (and they did try and pay).

[OS7]

thanks jpkeates, they only had the agent bank details and it is the usual way of paying the rent by the tenancy agreement. I have no issues with this and i would have gladly provided a glorious statement that CCJ was satisfied, if they had moved and settled everything amicably. But in many instances, he came across very rude and as a person who was making use of the covid 19 situation. he sometimes seems to think I have all the money he has paid, sitting in my bank account earning interest!

so I guess, i just wait for the letter from court asking me if the CCJ was satisfied unless of course the courts accept the rent statement as proof and decides to satisfy the CCJ themselves.

[jpkeates]

so I guess, i just wait for the letter from court asking me if the CCJ was satisfied unless of course the courts accept the rent statement as proof and decides to satisfy the CCJ themselves.

Seems reasonable to me.

Unless the tenant specified what the payment was for, you could possibly decide that the money that they sent wasn't for the CCJ debt and allocate it to more current months instead. Say the 3 month's rent after the ccj awarded debt.

Although that would possibly mess up your next claim.

[OS7]

Technically i guess it may possible, but it is wrong of me to do it - i probably won't go down this route; however I am pretty sure that tenants may have thought about it in this way and I hope that they are, at the very least, worried !

[Perce]

OS7

I normally send an email to court saying that ccj was fully paid. I try to do things correctly. My tenant has also not moved out after the designated date.

My dilemma now is : if I should inform my tenant that if he does not pay soon his ccj it will become permanent on his record ?

[OS7]

You are right Perce, however my tenant is a very rude person. He demands that given covid 19, he is entitled to my patience. He is cunning. However I will never go aganist my ethics , and eventually I will answer suitably to the court letter. I am not communicating with tenants anymore as he uses very demoralizing words.

Regarding your tenant, I am sure your tenant knows the ccj will become a permanent . You don't have to say anything and you can enforce it anytime. Unless of course you wish to be courteous. However I wouldn't bother with someone like my tenant.

[Perce]

I think our stories are a bit similar. T. is blaming Covid, waiting to be vaccinated, then he will wait for his second jab. I have never met such a liar in all my life.

Don’t inform the court then if you feel that way. I won’t inform mine of his ccj. Somebody told me that now estate agents have no right to check if the person has ccj or not or give this info to the new landlord, They need permission from the tenant. I don’t know if it is true. I am a bit worried that if the tenant has ccj how is he going to move out of my property ? Nobody would want him.

[OS7]

Yes Perce, our situations are almost similar. , however I think you are more level headed than me.

You can credit score prospective tenants, If they don’t agree, you need not let them the house. You will have to pay for credit report if they agree. Prior to this, prospective tenants would pay application fee, which will include credit scoring and now it is only the deposit the tenant pay. Yes, if they have a CCJ, it will be difficult for them to find private housing, however the social housing will still be available. And a CCJ registration prevents another landlord from being a victim. Please don’t worry, I think the light is at the end of the tunnel for you with HCEO on the way, and you will soon have your property back. Good luck

[Perce]

Thanks for the encouraging words OS7. Don’t know about being more level headed but you are certainly more optimistic than I am ! It doesn’t really matter County court or HCEO because of the ban.

[Perce]

Hello,

I have issued a few MCOLs. The tenant paid all but one. Got confused or pretends. He thinks bailifs charges go to me. I am not sure if I should explain to him or not as I do not wish to engage in conversation with him.

[OS7]

Hello everyone,

just to give an update and also ask for some pointers.

Past CCJ issues : I have received a letter from court asking me if tenant has paid the money for this judgement . I have 1 calendar month to reply and if I don’t, court will mark the CCJ as cancelled or satisfied. Well I have decided I will write to them. The judgement date was 01/07, and the payment was cleared in 05/11. Therefore it was late by 4 months. So my query is, will the CCJ be cancelled or marked as satisfied if I write to court with payment confirmation date?

Current MCOL : currently awaiting for mediation date. What will happen if tenant doesn’t agree for mediation, will this automatically move to court hearing?

Possession order : The date of court order has now passed. T hasn’t moved, however have paid a full months rent and bit towards rent arrears - this came as a surprise as he initially wrote to me to say he is not paying anymore. I also received an email from council from homelessness prevention officer. I was quite surprised by this email. T has approached them with the possession order and said that he can afford the rent now, however via section 21 a possession order has been obtained. Basically the email wanted to know my intentions to evict the family using legal means. With mortgage lenders behind my back for payments and being unable to sustain property without rent payments, I have to sell - and the easiest route was section 21 at that time (Jan 2020) when tenant missed a payment. 12 months down the road, there is a large amount of rent arrears, although payment of rent has resumed, the trust and relationship is broken. I think T wouldn’t hesitate to breach rent payments again and hide in the safety of “ breathing space “ - the new initiative the government is going to introduce in May 2021.
The situation is my lenders have said if I pay all payments owed by end of March, they will move me to different mortgage product, and will not initiate the matters further. I can carry on renting the property out. However if I don’t then, I will receive a letter before court action. I was hoping to initiate eviction of T as soon the current restrictions lifted and this again would also buy me more time with my lenders as one of their advice was if I were to sell and pay mortgage off, they will be patient. Therefore with the possession order granted , I was given until March to initiate actions - pay or prepare to sell.

Now what do I write to council. I could say if T pays all of his arrears by March 2021, and in the interim shows consistency with rent payment,I may change my mind about eviction. And if I still feel I have to sell after March, I may have to go down eviction route if T doesn’t move willingly. I am unsure if this is the right thing to say. My worry is T would lose his place in the housing queue and end up staying put in my property.

Ultimately, I would like the tenant pay the arrears and move out by himself without eviction process. How can I achieve this. He is paying now, but I don’t trust him enough to let the house to him anymore. Any advice is appreciated.

Thanks

[jpkeates]

If the tenant leaves the property voluntarily it would possibly reduce their chances of being housed by the council as they will have made themselves homeless.

I would tell the council that it is your intention to evict and sell.

[OS7]

Perce,

It is up to T to account for his actions, and worry about his CCJ and the consequences of not paying it. Don’t feel obliged to remind him. I did this politely - and then I received a rude email from my T to say how patronising I sounded and that he is well aware of his actions. 🤷🏻♀️