Five months' rent arrears, bailiffs engaged- what else?

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    Five months' rent arrears, bailiffs engaged- what else?

    My Tennant hasnt paid me rent for 5 months - I have gone down the correct procedures, tennant has issued no defence and the possession date is due to be issued.
    It looks very much like I will have to go down the bailiff route to get him or whomever is in my property out after the 14 days given to him to vacate.
    I was advised by my letting agent that it would be highly unlikely that I would get anything back if I claimed for rent and therefore I just went for accellerated possession.
    Now, as the amount owed to me is in the £3000 region I would like to try and reclaim some of my money back, but moreso, would like to ensure that he is blacklisted to save anyone else going through what I have for the last few months.
    Can anyone help me with this - I have thought of going to a Small Claims Court but have been told that I cant do this until he has vacated the property - but how on earth can I locate him once he has gone?!?! Are there any options for me or can anyone offer me some advice. Many thanks.

    #2
    Your only chance is the small claims court, this will get him a ccj but little else. You will then need to track him down, if you can get an address and he is employed, you can get an attachment of earnings order but even if you manage that you will get little other than satisfaction. I have an ex tenant who owes me in excess of £4000, the order is for £50 per month.

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      #3
      At what stage can I do this, do you know?

      Thank you for your response......
      I have been looking into going down the small claims court route on the internet, trying to gather as much info as possible. Am I within my rights (bearing in mind that the court order date is due to be issued) to send a letter informing him that I will be proceeding to claim the rent due to me via a small claims court?
      Then pending any reponse, take it further??? I do know that he is working, and where he is working (well I did 5 weeks ago, this may have changed).

      Comment


        #4
        You are required (under the Civil Procedure Rules I think) to serve a "notice before action" letter stating that as X owes you Y, if he doesn't pay you within 7 days in full, you will issue court proceedings through the small claims court to recover the money as a debt.

        You can do this at his current or "last known" address, or failing that at his workplace.

        As Woofy says the only satisfaction you are likely to have is that he will have his credit rating diminish for 4 years in that he will find it nigh impossible to do anything financial to his advantage.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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          #5
          But am I able to send this letter at this stage.......?

          When I mentioned this action I wanted to take to my agents they told me that I had to wait until he had vacated the property...as the accellerated possession order is going through and you cant take a person to court for 2 things at the same time - is this actually correct?

          I would rather do it now, but I was also told by my Agents that I could not under at uncertain terms come into any contact with the tennant before the Court Order has been issued as It may go against me (I have made NO direct contact with the tennant since this all started, I did try to telephone him but no reply, left a message and I also knocked on the door which was unanswered however the property was occupied at the time).

          How costly is the small claims court? As it stands I am so out of pocket, and struggling to meet my own bills let alone my tennants rents!!!!?

          This is an absolute nightmare, but reading other peoples problems on this website, perhaps Im lucky! I dont know..... I know that I am so very annoyed and its a very, very unfair system for Landlords who operate in the correct manner.

          ***** Also, I have just thought, if there is damage to the property that I wish to pursue compensation for I would have to wait until he has vacated.... But, can I send a letter anyway at the moment?
          Last edited by Lumocie; 20-11-2006, 09:34 AM. Reason: Further Question....

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            #6
            I have finally been given a posession date. Can I now issue a letter to the Tennant informing him that I intend to seek his rent arrears, or, should it be sent after the possession date?
            Many thanks.....

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              #7
              Apply to the courts now for the money while you still have an address for the tenant!
              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!

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