What next? Bailiffs?

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  • What next? Bailiffs?

    We rented our property last year, and had a tenant that didn't pay rent for the last 6 months of his tenancy.
    He cited health issues, but was clearly seen with a new car, and waltzing around dumping furniture that he didn't need

    We had to use a Section 21 eviction notice to get him out, and he was re-housed.

    We had outstanding damages and rent owing, so went to the small claims court (I don't have the exact paperwork to hand) MCOL I believe

    The MCOL then agreed for the tenant to pay a small sum per month direct to our bank account to pay off the existing debt, over around 3/4 years total.

    Due to the stress of no rent and other tenant issues, we decided to sell the property last year and it is now sold.

    The payments started monthly as promised for around 4 months then suddenly stopped around 6 months ago with no sign of any further payments!

    What are my options now?

    Can I do anything as the property is now sold (should that even matter?)

    If i get the court details and documents, do you think Bailiffs are a good idea to get what I am owed? (roughly around £3000?)

    Thanks













  • #2
    The property being sold is not relevant, this matter is around a county court judgement and you not having the property makes no difference to the money being owed.

    There is a sticky thread on here about how to enforce judgements, which I would advise you read first. Presuming you know his new address, and/or his place of work (if any), you have a decent number of options.
    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.

    Comment


    • #3
      As the court has made a judgement and agreed how the debt was to be repaid, your next step (I think) is to use an Order That Debtor Attend Court for Questioning. This should give you the information you need - although it does cost more money which can be added to the debt. You also need to use someone to serve the order (unless you fancy doing it yourself).

      The questions will give you the information you need to do any next step - you'll find out if there's an employer you can request an attachment of earnings, you can claim from anyone who owes money to the tenant, etc.

      You might also find out it's not worth pursuing further.

      What it definitely does do is give the tenant a bit of a scare - it's not a nice document to receive.
      You have to be at court at a specific date and time, and you can go to prison if you don't appear.
      They can avoid the appearance if they pay the debt in full, which might help if they are simply hoping you'll forget about it.
      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


      • #4
        Thank you MrShed, so its also irrelevant that an amount of time has elapsed since the last payment?
        (I am trying to find my MCOL details!)

        Comment


        • #5
          Well it may, in terms of years. But we're talking about months here so no.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          Comment


          • #6
            Up to high court? I had a debtor who had "nothing" and owed me around £5K. I get around £100 / month now from the high court enforcement company and the debt is gradually being paid off.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


            • #7
              Originally posted by islandgirl View Post
              Up to high court? I had a debtor who had "nothing" and owed me around £5K. I get around £100 / month now from the high court enforcement company and the debt is gradually being paid off.
              think of it as a pension payment...

              Comment


              • #8
                Ha ha I do! However to be honest I love the thought that he has to struggle to pay the £100 a month or so every month - I am sure he thinks of me fondly as he sends off the payment! He has paid off about half of it now though - I waited 2 years and got nothing so sent it to the High Court for £60.There were one or two visits by high court enforcement agents and lo and behold money began to appear....
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                • #9
                  Thanks for all your help!

                  The only problem is trying to find my original MCOL log in details to show up all the paperwork that we filed last year?

                  It needs a code (which I can't find) plus the original email account, (which i think we abandoned last year!) so not looking good!

                  I have emailed MCOL in order to prove I took out (and paid) for a claim against this person, but still heard nothing back yet, probably as I can't give them much to go on?!

                  Comment


                  • #10
                    It's any judgments or court orders issued that you probably want. You can always request it from the court if you still know the case number. (Fee payable)
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    Comment


                    • #11
                      Thank you for everyones help here!

                      So as explained the tenant was liable as the MCOL was actioned, and he started paying the agreed money per month to pay off the debt.

                      He then defaulted, stopped the payments last November and I haven't heard anything from him or received any payments at all.

                      I am now in the process of recovering my MCOL details and account (hopefully will be merged and back on track so that I can resume)

                      So are the next steps, bailiffs or high court sheriffs to collect whats owed?

                      Also I wanted to ask, as its been 9 months and he has just stopped paying after just 3 payments, can I add interest to this? and costs of escalating this and chasing?

                      If so, more importantly, I want to go 'by the book' to see if there was a set % interest to add on over a certain/fixed period of time in these cases?

                      Thank you for any help.

                      Comment


                      • #12
                        Classic example of the disaster that is s21. If evicted by s8 or council informed of arrears (copy of s8 served-not-actioned & rent statement) he's not have been rehoused and scarce council effort & housing not wasted on the undeserving.
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                        • #13
                          Originally posted by theartfullodger View Post
                          Classic example of the disaster that is s21. If evicted by s8 or council informed of arrears (copy of s8 served-not-actioned & rent statement) he's not have been rehoused and scarce council effort & housing not wasted on the undeserving.
                          Not sure i totally understand?

                          He was served a S21, and he has been rehoused by the local council to a flat..

                          Comment


                          • #14
                            Why should a tenant who did not pay rent have council assistance and rehousing from council? There are (sadly...) many more, decent honest people more deserving of council/tax-payers help.

                            Appreciate councils often get a bad press from some landlords/agents but the housing departments are, in my limited experience, overworked, low-morale people with extra workload chucked on top by landlords evicting by s21...


                            My point is that landlords evicting "bad" tenants - using s21, not having fully briefed council about arrears - end up wasting council/tax-payers resources: Unnecessarily: And meaning the decent,more deserving, housing cases wait longer/end up in worse places to live.
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                            • #15
                              Agree, but the council new what he was like and the rent arrears, and rehoused him.

                              I'd rather he slept under a bridge with the way he treated us! lol. And we think he has money stashed away as he has new possessions/car etc

                              I just wanted to know if he now has avoided paying his debts, whether i escalate this and if there was a case to charge a % interest ontop of his total, as well as any costs it incurs to me, moving this forward or legal fees etc?

                              Comment

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