Getting my own back

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    Getting my own back

    I've finally got possession of my flat back, under ground 8. Despite getting a court order for rent arrears, costs etc., the tenant disappeared without paying a penny. Happens all the time, I'm sure.

    One thing that makes this a little bit different is that the tenant was running a limited company from my address, and I thought it might be possible to use that to be creatively unpleasant. I'm not sure this makes sense, but this is the idea:

    The tenant seems to have run companies at previous addresses, under slightly different names, and then had them struck off as dormant shortly after leaving the old addresses. He did the same thing at my address, submitting dormant accounts. I strongly suspect the current company isn't dormant, although I don't have conclusive proof.

    The company is using my address as its registered office, even though the tenant has gone. So I was thinking I could get proof that the company is not dormant by invoicing it for use of my home as its office. If I deliver the invoice to the company's registered office, the company will have received it, even though the Director will know nothing about it. (There are several periods I could charge for - during the tenancy, after the possession order, after expiry of the possession order and after regaining possession, I don't know which of these I can legitimately charge for. Also, I don't want it to continue using my address).

    Once the tenant either submits dormant accounts again, or applies to have the company struck off, I can then present the invoice as proof that the company is not dormant and that the Director has acted dishonestly.


    I don't know how seriously Companies House or HMRC will take this. I'm hoping that, by combining this with the repeated failure to notify the change in registered office and the Director's address for service and the use of different names, they may regard it as a serious breach and force the tenant to reveal their new address so I can chase them for the arrears.

    Does this make sense? Will HMRC et al take it seriously? Or should I just stick to more straightforward approaches?

    #2
    My feeling is that HMRC won't care and that Companies House seem to be entirely powerless in any case.

    If it's a large sum of money, or you are determined to get some kind of closure, you'd be better advised to use a people finding service to find the tenant and make a personal claim for the full amount owed.
    If the tenant is a serial company starter, you can register for a service that notifies you of any directorships held by an individual and use the address(es) associated with any companies they're associated with.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      When the tenancy commenced , what references were taken up by either yourself or a Property Management Company?: if he were in a salaried position as well as running a Limited Company , have you tried discreetly to speak with the firm who presumably provided a reference or whose name is on the pay Slips , if he is still working there , why not simply ask the court to apply an order for payment from his salary.

      Have you considered obtaining a copy of the Company accounts and establish who the Accountants are , from there you could make representations and possibly issue a County Court claim using their address as being his business address and which they in turn would be obliged to forward to the miscreant himself.

      Just an idea.

      Comment


        #4
        Companies House normally doesn't care at all whether directors do what they're supposed to do under the Companies Act. They simply strike off companies.

        I've never seen an authority as passive as Companies House. Which, incidentally, is why it is so simple to set up scam companies in this country and use them to defraud people.

        I think you're going to waste your time. As others have pointed out correctly, instead simply try and trace down the guy who was your tenant and sue him and get him a CCJ.

        Comment

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