Filing Bankruptcy petition against tenant

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    Filing Bankruptcy petition against tenant

    Hi All,



    Right, here's the low-down on my thread.

    Some unscrupulous vermin of a tenant recently rented a room in my BTL shared property, paying a month's rent in advance and another to the Deposit Protection Service as surety. He then made one more rent payment the next month, following which he's refused to make any further rent payment, despite two reminder letters.

    Not being one for messing about, I proceeded to issue him with a Section 8 and Section 21 Notice when his arrears reached 8 weeks worth, the latter being my eviction safety net should he recover his senses and decide to pay up before the case gets heard in the County Court.

    The Court have by the way confirmed a date for the hearing, but much to my chagrin, this isn't due for another two months, by which time the tenant's rent arrears would be well over the £1,200 mark.

    Now, just to make an example of him and to ensure he shudders at the thought of taking liberties with another landlord in future, I am hell-bent on filing a bankruptcy petition against him, as his current arrears are just over the £750 threshold required.
    The extra cost to be incurred is not an issue at all, as I am purely driven by the principle of teaching this vile tenant a useful lesson in honesty. I also at least ensure this punitive action is effected whiles he's still in my property and not when he's been evicted and I know not of his whereabouts


    My questions, O'wise ones are therefore as follows:

    1) Can the filing of this bankruptcy petition against the tenant compromise the pending S8 Court Hearing, should he for instance be declared bankrupt before the court date?

    2) Can being declared bankrupt while still in my property, jeopardise my future eviction of the tenant, even if I'm awarded possession via S8 or S21 court proceedings?

    3) I also happen to know where the tenant works. Now should he get evicted and still have rent and my costs outstanding, can I continue to pursue legal proceedings against him through his work address, if he fails to disclose a forwarding address?

    4) What legal proceeding would be appropriate and effective, should I have to pursue him through his workplace?

    Really hope someone can come up with the goods on these queries, as I am bursting to hit back at this tenant.

    Thanks


    Hitman

    #2
    Look at Kathryns postings! By suing her tenant and getting a judgment on part of the rent owed it meant that the section 8 was jeopardised. I would probably wait to go down the bankruptcy route.

    But to be honest whats the point... in 12 months time it will be all over for the tenant and he can start again from scratch!!!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      It is best to wait until you have a county court judgment for money against the tenant before you serve the statutory demand and eventually the bankruptcy petition.

      The reason for this is that the tenant can dispute the accuracy of the arrears stated on the stat dem or claim some offset reducing it below £750 where as a judgment regularly obtained cannot be disputed. A successful application to set aside the stat dem on either of the above grounds could land you with costs.

      Comment


        #4
        Good evening. I have nightmare tenants who refused to sign lease, nor a sinble penny paid and now total rents a few thousands pounds, my friend is now filling in 11 pages of governemnt small claim form to get money out. I will see this friend this week to fill in the form, so I can let you know.
        At least your tenant does not use your name and address to order services, mine does. Good luck. Dora

        Comment


          #5
          It may seem satisfying to 'get your revenge', but wouldn't taking up kick boxing be a cheaper and ultimately less ulcer-inducing option?

          Rise above it...surround yourself with beautiful things and shun that which is morally ugly. You won't crush him by doing this. Pursue the rent he owes (if you can't afford not to), then walk away. Free yourself. You're chained to him at the moment.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            I can sympathise with the sentiment but I can't see the point of bankruptcy. As already pointed out in 12 months time the tenant is free and clear. It means you will never see a penny of money as well. The only point I can see is if you think there is any money being hidden somewhere. Filing for bankruptcy means the tenant's finances will be examined and if he's got a pension plan, or any asset really, then it has to be declared.

            Don't make the mistakes I did, I can't believe I still have a tenant who is now over 5 months in arrears but my case has been adjourned twice now. What an idiot I was.

            Rather than get upset at the situation I ask myself "Who would you rather be?" A total t***** who doesn't have a job, doesn't have any money, doesn't have a car, doesn't have a squeeze and is going to be evicted one way or the other... or marvellous me! At leat when this is over I will have a future.

            Good luck whatever you decide.

            Comment


              #7
              I will shoot this person for 25 quid and 4 cans of Tennants

              Comment


                #8
                All,


                Thanks ever so much for all your valuable advice. In the light of your comments, I've decided not to press on with a bankruptcy petition.

                Kathryn, you really are a star. Know what? You pointed out some facts I've often raised myself whenever the thought of this scumbag crossed my mind, the most poignant perhaps being the fact I'm not the one who has to constantly worry about getting evicted any day, not to mention being ordered to pay rent arrears, costs, etc that I probably cannot afford. I am fortunate enough not to be in that hole, rent arrears or not. Hallelujah!

                Comment


                  #9
                  I was once face to face with a scumbag tenant (female, as am I of course) who was ranting at me cos I had stopped her HB being paid to her and got it paid to me. With the same attitude as Kathryn I gave her my dirtiest, most scornful, mocking, "you are not fit to lick the dog muck off my shoe" look, my eyes travelling slowly up and down that quivering mass of none-paying, freeloading aggression but said nothing. It drove her absolutely mad! A lovely moment I will always cherish...(in case there is any doubt I am normally a lovely person)
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment

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