Is obtaining a CCJ going to be a waste of time?
Discussion
During the COVID pandemic, we've done the right thing by our tenants and not chased them unduly for rent.
As a thank you, the first tenant to stop paying has just left is with a few thousand pounds in rent arrears and a filthy, damaged flat.
He is a professional and I am sure could have paid had he wanted to. I am also not sure that he didn't apply for state help to pay his rent.
We never sue tenants, but I am tempted to make an exception for this guy. I helped him out a couple of times in the past and treated him with respect always.
The problem is, potentially, that I am not sure whether a CCJ will "attach" to him. I have a suspicion that he used his mother's address for all banking matters and any credit applications.
He was registered at our address for council tax. But because the building is technically an HMO none of the bills were in his name.
His name is very unusual, and there is probably only him with that name in the UK.
Are we going to be wasting our time here?
I have a Tenant who left my property just before the lockdown, after months of hassle, owing over £2,000. Apart from obtaining eviction Notices in the past for other Tenants, I have never pursued them for arrears once the eviction has taken place. However, for this Tenant I have made an exception and am seeking unpaid rent. I placed the debt with a Debt Agency in March but up to now they have been unable to obtain any monies and have blamed, you’ve guessed it, the lockdown. However, I’m in no hurry so will see it through to the end. My advise to anyone in similar situation would be to place the debt with an Agency, get on with your life, but don’t expect any positive results for months.
WolfAir said:
Whats his name?
We have/had tenant.. who has absolutely destroyed our property and is a few thousand in arrears. Apparently began moving out last night..
People just cant seem to respect other people's things. Fk him.. if you can
I won't say here. But his first initial is S.We have/had tenant.. who has absolutely destroyed our property and is a few thousand in arrears. Apparently began moving out last night..
People just cant seem to respect other people's things. Fk him.. if you can
bigandclever said:
It’s only a bit of online form filling. I’d do it on the basis you’re probably never going to see the money, but it’ll put a crimp in the non-payer’s day and, who knows, maybe help out someone else (like a future landlord) in the future.
My OP point being, if he has little "footprint" at the address, will anyone ever find the CCJ?The debt is such that it may be enough to bankrupt him.
Jasandjules said:
Firstly, what kind of profession?
Secondly, you have to decide if it is worth your time.
Various sales / management jobs.Secondly, you have to decide if it is worth your time.
It's worth my time, if it sticks to him. But if no one will ever find it because he has not built up a credit profile at the address then perhaps not.
nikaiyo2 said:
Serve all court papers to the last known address... this is likely the flat he rented from you. If he has set up mail redirects he will get them, if not the CCJ will be decided by default in your favour. When he tries to get any finance he will have to sort things out.
Providing the credit reference agencies know that he was at that address, presumably. If he has not applied for credit, will they have a record of him there?elanfan said:
You say he’s a professional? Do you know where he works? Simply follow him to his new address. Hit him with court papers and upon getting judgement apescalate o the high court and get the sheriffs in.
No, you want to serve on the last known address, the point is, they are not there so chances are you will get a default judgement and CCJ registered. They will then have to resolve this to get credit in future, even if they were unaware of the case they have to show a reasonable chance of success with a defence to get the CCJ set aside.
Louis Balfour said:
Providing the credit reference agencies know that he was at that address, presumably. If he has not applied for credit, will they have a record of him there?
I am not 100% sure on this to be honest, IANAL, just a landlord who has used this tactic in the past.I do not have HMOs so all my tenants are known at that address, for utilities if nothing else, it might not work so well with HMO type property.
If they are on the electoral role (roll?) then one would hope the CRA's would link them to that address... especially if the name is unusual.
nikaiyo2 said:
They will then have to resolve this to get credit in future, even if they were unaware of the case they have to show a reasonable chance of success with a defence to get the CCJ set aside.
I wasn't aware of that. I thought they could pretty much say "I knew nothing of this" and get it set aside.I do intend emailing him the court papers and Whatsapping them too, so that he has further problems denying knowledge.
I do also have one, potentially powerful lever ahead of action. His mother.
When he first viewed the property his mother "guaranteed" me that he would be a good tenant. On some occasions, when he has not been, a call to mother - which she rarely answered - had him on the phone in seconds.
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