Those wishing to sue Mr X - please form an orderly queue

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  • Those wishing to sue Mr X - please form an orderly queue

    I know I'll never see the money my ex tenant owes me and judging by the letters arriving on his old doorstep that I'm returning to sender, I reckon I can make an educated guess that I'm not the only one he owes money to.

    But because I'm evil and twisted, I want to take him to small claims court anyway - you never know, he may win the lottery in the next six years!

    My question is though, how far up the pecking order are landlords when it comes to tenants owing money? Do utilities, telecoms and councils come first, or do landlords get a fair crack of the whip?

  • #2
    Originally posted by DianeB View Post
    I know I'll never see the money my ex tenant owes me and judging by the letters arriving on his old doorstep that I'm returning to sender, I reckon I can make an educated guess that I'm not the only one he owes money to.

    But because I'm evil and twisted, I want to take him to small claims court anyway - you never know, he may win the lottery in the next six years!

    My question is though, how far up the pecking order are landlords when it comes to tenants owing money? Do utilities, telecoms and councils come first, or do landlords get a fair crack of the whip?
    Suing: no priority order.

    Insolvency: priority governed by Insolvency Act 1986 as amended. Section 386 introduces Schedule 6 listing "preferntial debts". So far as concerns your question, none of the claimants would have priority over the others; priority is given only to pension contributions, certain pay etc. for employees, and ECSC levies in arrears- but not for local authorities or statutory undertakings (good).
    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
      Not exactly answering the question, but as a point of note, certain enforcement methods may be prevented if it is felt that they would unduly affect another creditor from receiving they judgement.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      • #4
        Wow, thank you J and MrS - I really thought NO CHANCE would be the answer.

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        • #5
          Chances are you will be the first if not the only one to chase him. The ex tenant needs to be in employment (not self employed). If you can find out where he is living and who his employer is, get an attachment of earnings order. Cheap and easy to get. Beauty of it is that he also gets a ccj at his new address. It takes time to get your money back but I find it very satisfying that it hurts the one I chased financially and he risks jail if he stops payment. Its also nice that he sends cash via next day delivery, another £4.60 per month cost to him. Gloat, me, never!!!!!

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          • #6
            Originally posted by MrWoof View Post
            Chances are you will be the first if not the only one to chase him. The ex tenant needs to be in employment (not self employed). If you can find out where he is living and who his employer is, get an attachment of earnings order. Cheap and easy to get. Beauty of it is that he also gets a ccj at his new address. It takes time to get your money back but I find it very satisfying that it hurts the one I chased financially and he risks jail if he stops payment. Its also nice that he sends cash via next day delivery, another £4.60 per month cost to him. Gloat, me, never!!!!!
            Do you think Mr Woof that this is why bad tenants can get away with it time and time again, because they know we won't bother chasing for the money? Even though my Mr X is self-employed, I'm still going to go ahead with slapping a CCJ on him. Hopefully, it will save a future landlord from renting out to him. Do you know anything about the probability of getting an attachment to benefits order?

            And carry on gloating - you earned it!

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            • #7
              In my experience, bad tenants are simply stupid but that's not universal. Yes, some tenants do think they can get away with it and they are right, As for getting an order against a self employed ex tenant, sorry, no experience, contact your local county court for the paperwork and good luck, at least he will get a ccj.

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