T is a repeat offender non-payer: what can we do?

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  • T is a repeat offender non-payer: what can we do?

    It is disgusting that the law stinks and that certain tenants can get away with so much.

    I have a tenant at the moment, Sara XXXXX XXXXX.

    I am in the process of taking her to court for damaging my property and for unpaid rent.

    I have learned through my own investigations that she owes money to her 2 previous landlords, she owes Gas, Electric and Water at all her previous properties - it appears she either never pays them or very little.

    She owes council tax to Gateshead, Newcastle and Sunderland Council Tax.

    Her scam is she rents your property, pays the rent/bills at first then each month her rent gets later and later, eventually she moves on to the next property and commits the same crime again.

    If you are considering renting to this person, do not, she will not pay you.

    Even the CCJ that has been issued for previous unpaid rent for one of her previous landlords could not be enforced or have an attachment of earnings order as her employers head office is in Scotland and the law is different there.


  • #2
    She should not be allowed to get away with this, the police say it's a civil matter, but I think it's a matter for the CID.

    Comment


    • #3
      Thank you for that.

      Before granting this tenancy, did you perform credit checks and referencing? Did you employ the services of ARLA-registered or NAEA-registered agents?

      Comment


      • #4
        Yes, she lied, I used 'rentchecks.com' and she came up smelling of roses. It went through a letting agent. She knows the system too well, and plays landlords.

        Comment


        • #5
          I know, it did not help too much.

          But this Web site www.tracesmart.co.uk helped me trace her, I would recommend this site to do your duediligence as well as the letting agent.

          Comment


          • #6
            So this credit check and referencing process didnt notice the CCJ or take references from previous LLs? Maybe you ought to be speaking to the credit reference agency that you used.

            Comment


            • #7
              If anyone wants to email for copies of the courts documents, I am happy to pass copies on.

              Sunderland County Council sent me this email:

              thank you for your information deeply appreciate it,

              the email has been forwarded to management and we will now take the correct steps to recover the debt unfortunately for the lady in question council tax is a priority debt where by refusal of payment could lead to a prison sentence following bankruptcy.

              Hopefully they will get her!

              Comment


              • #8
                I spoke with Rent Checks, they said "We only hold the records for 3 months"

                Terrible.

                Comment


                • #9
                  Originally posted by jeffrey
                  I think that your post may cause defamation problems.
                  If the comments are nothing but the truth Jeffrey, does that put a different light on it?

                  Or are you thinking about it causing problems for the forum?
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                  • #10
                    Naming Names

                    It is quite dangerous to name individuals or companies on a public Forum such as this (certainly without the finality of a court decision) as you could find yourself the subject of a legal claim or criminal prosecution.
                    I have therefore removed all references to the individual in this case.

                    Comment


                    • #11
                      Originally posted by jta View Post
                      If the comments are nothing but the truth Jeffrey, does that put a different light on it?

                      Or are you thinking about it causing problems for the forum?
                      Further to Editor's post, remember that there are twin defences: fair comment and justification.
                      The former has a lower level of proof, but the defence can be overridden by proof of malice.
                      The latter involves shifting the onus of proof to the plaintiff (claimant) to prove truth; it's not for the defendant to prove untruth.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Fair comment...

                        I really think there should be a central database that landlords can register tenants details with should the tenant end up with a CCJ, the information, could be the tenants name, NI number, DOB and brief details of the CCJ.

                        Does anyone know of such a system? If one does not exist can we create one? If the law does not allow us to create one, can we not campaign to change the law?

                        Comment


                        • #13
                          CCJs are already publicly recorded.

                          Why did rentchecks.com fail? That's the question.

                          Comment


                          • #14
                            She gave a false address as her last address, I am assuming a friend lived there or something, unfortunately I do not have her application as the letting agent retained that and they have since gone into liquidation! I spoke with the receivers and they looked through their files but could not find her application.

                            Where can you view a list of CCJ's??? When I spoke to Northampton County Court about the CCJ that was listed against her, as I wanted to let them know where she was, they said they could not discuss the details due to data protection, when I offered to tell them where she was they said we can't take that from you!

                            Comment


                            • #15
                              Originally posted by Syd73 View Post
                              She gave a false address as her last address, I am assuming a friend lived there or something, unfortunately I do not have her application as the letting agent retained that and they have since gone into liquidation! I spoke with the receivers and they looked through their files but could not find her application.

                              Where can you view a list of CCJ's??? When I spoke to Northampton County Court about the CCJ that was listed against her, as I wanted to let them know where she was, they said they could not discuss the details due to data protection, when I offered to tell them where she was they said we can't take that from you!
                              Although one cannot view a full CCJ list, one can of course make a CCJ Search via Registry Trust Ltd.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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