Tenant owes money - moving back to home country

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    Tenant owes money - moving back to home country

    Good morning all,

    I have a tenant who owes just over £5K with the arrears over the pandemic. I've tried to be supportive during this time but have kept a record of money owed.

    He is talking about moving back to Hungary next year and says he's going to pay off the debt by then but he is a minimum wage earner so it seems impossible that he can. Especially since he's struggled to even pay his rent plus an extra £100 for arrears.

    I am thinking of applying for an attachment of earning order, but wonder if that only applies to income made in the UK?

    Is there a way I can ensure I am repaid if he moves abroad?

    Thank you

    #2
    Yes, any attachment of earnings will only apply to his UK income. If the UK was still in the EU you could have applied for a European Account Preservation Order but it isn’t so you can’t.

    Comment


      #3
      Originally posted by dthornton123 View Post
      ...............................
      I am thinking of applying for an attachment of earning order, but wonder if that only applies to income made in the UK?
      ....
      I would keep pursuing in case he returns to UK..

      But "UK" is not just one jurisdiction: I had a debt from a Scottish tenant which could be handled in England - iirc there was a specialist company that handled it. Saw him in England, he was most upset to find he was still able to be chased...

      Not united: Ain;t no King: UK eh!!

      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


        #4
        As above proceed with a money claim. That way he/she will never be able to come to the UK again if you keep track of them.

        Comment


          #5
          Is the T still living at your property? or have you evicted them? I would try and get as much as possible quickly, even if you have to provide a discount on the 5k owed, this way at least you will see some of it back, the alternatively is that you wont.

          Comment


            #6
            If he goes back to his home country you aren’t seeing a penny of your money in most likeliness.

            Comment


              #7
              Originally posted by LandlordWannabe View Post
              If he goes back to his home country you aren’t seeing a penny of your money in most likeliness.
              This.... its a pipe dream, i do hope this chancer is not still in your property. Once he has departed it is over.

              Comment


                #8
                Do you mean he is paying £100 a month off the arrears? If so then I would leave things as they are. If you get an attachment of earnings order it's likely to be for much less than that!

                Comment


                  #9
                  Thanks for all the responses. I didn't know that I had received a reply as I didn't get an email to tell me but thought I'd come and check.

                  The tenant is still living in my property as he's been trying to keep up with rent payments and pay some on top to cover off the debt. The debt stands at around 5K and he's recently changed jobs so has missed the last 2 months' rent. Excuses after excuses.

                  I have an active section 8 and have considered taking it to eviction which will at least stop me facing any more months of unpaid rent and then issue MCOL to recover the money but I think that'll just send him packing back to his country even earlier.

                  Might have to call his bluff on it though. He can't stay and keep missing months because of "issues".

                  Comment


                    #10
                    You are unlikely to be able to recover all or any of the money owed if his plan is to return to Hungary and the longer he is in the property the more arrears he accrues. Sounds like diminishing returns to me and time to act upon the Section 8 and apply to court.

                    Comment


                      #11
                      Sounds like landlord and tenant will both be going Hungary!

                      Comment


                        #12
                        Originally posted by casual_reader View Post
                        Sounds like landlord and tenant will both be going Hungary!
                        Very good-not many posters have your acerbic wit. I will add you to my liszt of comedians

                        Comment

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