fed up with tenants getting away with debt
Like you I have evicted a tenant none payment of rent ,damage and upsetting all the neighbours.It took a cleaning team 3 days to clear the mess and I mean mess out dirty cloths rubbish etc cat mess and much more.i got a court order and they took it to the last day left the windows open and keys on the floor.Moved into another property so must have found rent and bond fron somewhere running their own business.Would not answer court papers on ccj so I have paid a debt collection agency I will not have word going round I let them off.Is it cant pay or wont.Soap and water to leave a clean property costs nothing but it may have helped in accepting a debt that they cannot pay.If all landlords are expected just to accept the bad ones dont pay it is unfair to those many families who are hard up but try their best .one rotten apple spoils the barrel.
Finding the ex-tennant for MCOL
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I'm just sorry that you won't get your money as due, it's doubtful that she'll cough up now.
I always feel like I have to apologise for these pond dwellers (I've been on benefits and still get some LHA help). It's just wrongas someone that has privately rented the majority of my adult life I have never missed a payment nor lost a penny in deposit.
I imagine you will want to skip renting to benefit claimants in the future but if you do then please ask the knowledgeable bods here about a properly drafted guarantor agreement and other signs to look out for/checks to do.
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Originally posted by rtid View Postshe probably owes me around £4k in total. i'm not sure if a CCJ will get her to pay up, however if anything it will make me feel better and that i've tried.
Expect the court to agre she repays at around £3 a week (depending on other commitments) so if you can keep tabs on her for the next 25 years you may get your money back.
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Originally posted by Snorkerz View PostIf the tenant is on benefits you should sue, as it is not right that tenants think they can get away with it - it will serve as a warning to other landlords (and potential creditors) that this person does not pay what they should, when they should.
However, your chances of getting a worthwhile financial reward from a person on benefits is (shall we say) limited. Only you can decide if it is worth the cost and time/effort.
she probably owes me around £4k in total. i'm not sure if a CCJ will get her to pay up, however if anything it will make me feel better and that i've tried.
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If the tenant is on benefits you should sue, as it is not right that tenants think they can get away with it - it will serve as a warning to other landlords (and potential creditors) that this person does not pay what they should, when they should.
However, your chances of getting a worthwhile financial reward from a person on benefits is (shall we say) limited. Only you can decide if it is worth the cost and time/effort.
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thanks guys. i will read into CCJ i think.
Brb, this is the benefits tennant. i called the housing benefits so see if they could help in anyway, they said all they can do is note her down in their own councils system and if she claims for benefits again at that council, they will pay rent direct to the landlord, instead of via herself.
however, if she goes to another council, there is nothing that can be done.
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Is this the tenant that scarpered abroad and had over-paid the water bill or the benefits tenant ?
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You may apply to the court for permission to serve on the tenant at their last known address (tenancy address?). This is Civil Procedure Rule 6.15 and there may be a fee for such an application. You will need to tell the court what actions you have taken to find the tenant - If you engage a tracing service that can't find them, I guess that would be deemed sufficient. There are various tracing agencies - findermonkey charge £50 no find no fee.
Submitting a claim to MCOL will not affect her crdit rating. Obtaining a county court judgement (CCJ) will.
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Finding the ex-tennant for MCOL
So after a long story, I had my ex-tennant evicted due to her being in arrears. I now have my property back, however the ex-tennant is, as expected, nowhere to be seen or found.
I would like to go down the MCOL route, however the only details I have of the tennant is her Full Name, DOB, phone number and email address. Are there any legitimate routes I can go down to see where she is living at the moment?
Also, assuming I manage to submit a MCOL request, does that affect her credit rating?
Any help is appreciated.Tags: None
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by jpkeatesAnd I fully accept that we don't really agree on this.
I'm certainly not trying to change your views or criticise them in any way.
Personally, I suspect that landlords lose at ADR because most landlord claims that go to ADR are inflated.
And ADR follows the same process...-
Channel: Residential Letting Questions
01-07-2022, 10:04 AM -
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by FairAppleCorrect me if I'm wrong, but it seems that allowing arbitration through the ADR requires consent from both the tenant and the landlord. Obviously the tenants are likely to prefer this when they do not agree to a given deduction.
But what prevents a landlord from making a deduction right...-
Channel: Residential Letting Questions
01-07-2022, 07:53 AM -
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by boletusAs you know, I disagree. ADR judgement statistics are massively in favour of tenants....
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Channel: Residential Letting Questions
01-07-2022, 09:14 AM -
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by boletusIf there is a dispute and the landlord refuses ADR, then the onus is on the landlord to raise a court claim against the tenant. If they don't do so within a set timescale the deposit is returned to the tenant.
Under the insurance scheme terms, if a dispute is raised, the landlord has to...-
Channel: Residential Letting Questions
01-07-2022, 08:55 AM -
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by FairAppleThe whole premise of my post is that a landlord would only be interested in pursuing a tenant through the courts if he is seeking damages above the value of the deposit.
Moreover, in the case of deposits under the insurance scheme, the landlord already has the money. Therefore, the tenant...-
Channel: Residential Letting Questions
01-07-2022, 08:13 AM -
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by jpkeatesI think some of this is based on some odd assumptions.
Yes, a landlord (like a tenant) can decline to use ADR and, if there's no resolution to a dispute, the tenant would need to sue their landlord.
The courts don't seem to be more strict or impartial than ADR and the loser...-
Channel: Residential Letting Questions
01-07-2022, 08:01 AM -
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Reply to Trying to evict son from my propertyby jpkeatesHow can anyone think he's a permitted occupier?
That makes no sense.
He's either a family member making a contribution to the upkeep of somewhere or a tenant who should pay rent.
If you treat them as the latter, you're unlikely to go wrong.
You should ask for the...-
Channel: Residential Letting Questions
01-07-2022, 07:53 AM -
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by deleterenewThis is a very messy situation. My son lived with my mother, and when she died (2016) I inherited her house. My son carried on living there and did not pay anything or make any contributions to the rent. During 2020 my circumstances changed and I needed him to pay to live there. He did pay some money...
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Channel: Residential Letting Questions
30-06-2022, 09:45 AM -
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Reply to Trying to evict son from my propertyby deleterenewI looked at these previously but they seem to specialise in standard cases, that can be easily won in court. Everyone I've contacted is unsure whether he's a tenant or an permitted occupier. I have a key and until last year when this started I stayed with him when I visited the north east,...
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Channel: Residential Letting Questions
01-07-2022, 07:37 AM -
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