Has anyone made their tenant bankrupt here?

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    Has anyone made their tenant bankrupt here?

    Hi All,

    Two questions, if I may?

    1) Do I take the official end date of a tenancy as the date the court decided that the tenant must give possession or the date the tenant texted to say they had left?

    (That was sneaky, I admit it, sneaking in a dull question before the more interesting one! )

    2) Has anyone made their tenant bankrupt? My (ex-)tenant owes me thousands and has said that he has been to CAB and is going to go bankrupt. I don't believe him and have seen from the paperwork he left at the property that he is a serial miscreant who runs up debts and moves on. So, I understand that for £195 (and a further £600) I can assist the gentlement in his aims and make him bankrupt. This would presumably put me first in the list as creditor when it comes to bailifs grabbing possessions and garnishing salary (yes, he does work!).

    What are your experiences with this? Would I get the same outcome by following through on the MCOL? Would this work out similar costs-wise? (Once bailiff fees etc have been taken into account?) And would this protect the rest of Society?

    #2
    Originally posted by Oligarch View Post
    1) Do I take the official end date of a tenancy as the date the court decided that the tenant must give possession or the date the tenant texted to say they had left?
    Rely on what the Housing Act 1988 says (assuming that it's this Act that applies to the tenancy in question).
    See the text below, esp. the underlined subsection::

    5. Security of tenure.

    5(1). An assured tenancy cannot be brought to an end by the landlord except by:
    (a) obtaining:
    (i) an order of the court for possession of the dwelling-house under section 7 or 21, and
    (ii) the execution of the order,
    (b) obtaining an order of the court under section 6A (demotion order), or
    (c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,
    and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

    (1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.
    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).

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      #3
      Originally posted by Oligarch View Post
      Hi All,

      This would presumably put me first in the list as creditor when it comes to bailifs grabbing possessions and garnishing salary (yes, he does work!).
      No, it doesn't put you first in the queue.

      It puts you level with every other unsecured, non preferrential creditor.

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        #4
        Originally posted by tim123456789 View Post
        No, it doesn't put you first in the queue.

        It puts you level with every other unsecured, non preferrential creditor.
        ...and even more out of pocket than if you had pursued him through the courts like everyone else generally has to, with defaulting tenants! At least with the courts he gets a CCJ and you can apply for an attachment of earnings order.
        '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

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          #5
          Confused a little by the underlined bit - does the execution bit mean when the tenant leaves or when the court says they should go? So in my case, with tenants out(hurray!) before the Order was made, the tenancy has ended on the date the Order was made (and therefore instantly executed)?


          Thanks for the comments all. I can get a CCJ anyway as the Accelerated Possession had costs awarded and since he won't pay them, I can get the CCJ registered as I understand it.

          Would I really be that much worse off than everyone else? £150 for the MCOL. Then getting the attachment of earnings. Then the cost of the bailiffs...

          On the other hand, I know he is being pursued for large sums by other companies/organisations so maybe they will go down that route.

          Comment


            #6
            How much does he actually owe you?
            '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

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              #7
              Arrears are £4500. Extra repair costs above deposit £700. Court and related costs: £200.

              A lot to me.

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                #8
                Originally posted by Oligarch View Post
                Arrears are £4500. Extra repair costs above deposit £700. Court and related costs: £200.

                A lot to me.
                As it would be to most of us. I'd definitely pursue him through the courts. Good luck!
                '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

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                  #9
                  Thank you!

                  I think I will do the MCOL thing.

                  Having done the tracing thing...

                  Comment


                    #10
                    Don't forget that at present if the total is over £5k it has no chance of being allocated to 'small claims' and will end up in the more complex (and hugely more expensive) fast-track or multi-track.

                    Comment


                      #11
                      I love the tags on this post "evil-doers", "revenge"

                      Comment

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