Money claim against defaulting tenant

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  • Anna1985
    replied
    Yes, you can get a judgement and if they settle they settle.
    if not or they didn't pay within set period of time then it stays for 6 years on their credit file.

    I would say your tenant has no intention to pay(

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  • ash72
    replied
    There are 2 parts to a judgement, an order to pay, if they don't pay then a CCJ is assigned to the person, you can then later within a set period of time enforce the judgement to try and get the outstanding debt owed repaid. It is up to you if you want to enforce this instructing a debt collector.

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  • tombola
    replied
    Thanks all. So is it possible to obtain a judgement and not enforce it?

    Related question: can I adjust the claim? Unfortunately it looks like the claim I have made is £120 more than the actual claim.

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  • ash72
    replied
    If you cancel your claim, and the T doesn't/stops making payment you will be back to square one, tell the T, if he makes all the payments the judgement would then be removed (depending on when he makes the payments).

    I would also serve notice if you haven't already.

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  • Jon66
    replied
    Yes, just proceed with the claim. The enforcement always lies in your hands, once you have judgment that's all it is.

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  • tombola
    started a topic Money claim against defaulting tenant

    Money claim against defaulting tenant

    Hi All,

    I have recently launched a money claim against a tenant who has defaulted on his rent. I had made many attempts to negotiate/offer mediation but each time it was refused or ignored. I therefore progressed with a money claim and it seems to have had the desired impact.

    He has offered a largely agreeable package which includes him repaying the arrears over a period of time and vacating the property in August.

    He has however stated that this is contingent on me ceasing the money claim. He says if I don't he will challenge the claim and refute it (evidence as to how is unknown at this time especially as it has been verified by the managing agent. It also includes a 10% goodwill discount).

    I am naturally cynical, particularly when it comes to this tenant. However I am keen to reach a conclusion which doesn't need lengthy court action but don't want to completely dispose of this claim.

    Are there options as to how I could obtain a judgement for the money owed but not enforce it unless there is a default on what is agreed?

    Thanks in advance.

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