Can I still recover rent arrears from a former tenant?

Can I still recover rent arrears from a former tenant?

0:01 AM, 2nd April 2025, About 10 months ago 10

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Hi all, I had a situation about a year ago where the tenant refused to pay rent for a period of six months. I had to go through the court to get an order for possession which also stated that the defendant needs to pay the rent arrears for six months along with the court charges.

However, once I received the order for possession, I did not require the bailiff as the tenant had left the property although he still owed the rent.

The court case was covered by the landlord insurance that I had but they said that they could not proceed further as the chances of finding the tenant and claiming the arrears is less than 51% and the insurance does not cover these costs. At that point, I decided to cut my losses and not proceed any further.

However, over the past couple of weeks, I have heard from multiple people that the tenant has been spotted in the vicinity of the property and it appears that he is still living somewhere near the property. I am now considering whether there us anything more I could do to claim the rental arrears or if it would be a case of spending more money with no returns.

Any advice would be appreciated as to what options I could carry out next.

Thanks,

Mithun


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Jason

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Member Since February 2022 - Comments: 197

10:41 AM, 2nd April 2025, About 10 months ago

If you already have a court order for the arrears then I suppose that’s the biggest hurdle overcome. If it is enforceable in its current state I would go for it as bailiff fees are added to the debtor. Finding where the tenant moved to is easy. I suggest calling round a few agents to see if they could pick up you case. Failing that some will say cut your losses and be happy you have the property back all covered by insurance and that’s a fair stance too but please do all Landlords a favour and get a CCJ issued against them, even if they don’t pay it will mark their file for the next 6 years and red flag others in the PRS.

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Jim K

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Member Since July 2023 - Comments: 177

10:46 AM, 2nd April 2025, About 10 months ago

You generally have 6 years to recover civil debt.
I generally leave it a year before I chase errants..
In thus time they usually have left a digital footprint.
I use a ‘Tracing Agent’ who will cost IRO £75.
Provided you claim less than £5000 then use the MCOL system on .gov.uk
I think you can use it say twice for 4k each to re over 8k but not sure.
When you get the CCJ enforce it through bailiffs.
Even if you don’t get any money the debtor now has a CCJ and it’s cost you little.
This helps other LLs.

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Darren Peters

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Member Since January 2016 - Comments: 467

11:12 AM, 2nd April 2025, About 10 months ago

Bit left field but is it possible to sell the debt as with a factoring company?

Ie you pass on the court order to a debt collector who pays you X% of the debt. You move on with your life while the debt collectors chase for the full amount and profit from the difference.

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Rob

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Member Since April 2014 - Comments: 985 - Articles: 2

11:45 AM, 2nd April 2025, About 10 months ago

Firstly, is it likely currently, that the tenant actually has the funds to pay you? If unlikely, I would suggest you wait. Otherwise you may end up with additional costs associated with trying but failing to get it. Timing is important, you have 6 years. Keep track of where the tenant is and what he could be earning / spending. If/when it looks like he can repay you, that’s the time to chase it.

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Judith Wordsworth

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Member Since January 2015 - Comments: 1371

12:52 PM, 2nd April 2025, About 10 months ago

You have 6 years from the Court Order to find this tenant and proceed to the next step ie Bailiffs Order or Attachment on Earnings or Benefits.
I have used Nationwide Tracing Agents in the past. I have 1 ex-tenant I could not find. She was even still using the rental address for Court correspondence even though I sold the property 2 years before the 6 years were up. She even had the cheek to ask the Court to contact me for a Certificate of Satisfaction when she still owed money. Not the once but twice! The LA even rang my number thinking it was her. But they wouldn’t give me her address lol.

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The_Maluka

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Member Since May 2015 - Comments: 2128 - Articles: 1

13:39 PM, 2nd April 2025, About 10 months ago

Reply to the comment left by Judith Wordsworth at 02/04/2025 – 12:52
When a tenant owes money please help the rest of the community by taking legal action for a small proportion of the debt, a £300 claim in the County Court, (Moneyclaim online) will only cost £35. You will never get the money, but the tenant’s financial life will be ruined for six years.
After five and three-quarter years, make another claim for £300 and the tenant’s financial life will be ruined for another six years.
I did this to one tenant, and he phoned me, after two years, to say that he had lost a good job because of me, when I pointed out that it was entirely his own fault he made references to my parents and their state of marriage, how he knew I shall never know.

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Mark C

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Member Since September 2022 - Comments: 47

17:38 PM, 2nd April 2025, About 10 months ago

Reply to the comment left by TheMaluka at 02/04/2025 – 13:39
Revenge is a dish best served cold.

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Anto B

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Member Since April 2025 - Comments: 1

19:08 PM, 2nd April 2025, About 10 months ago

Reply to the comment left by Jason at 02/04/2025 – 10:41
Thank you for the suggestions.
Regarding getting a CCJ, what is the process for this? I already have the order for possession which also states the money to be paid back. Do I use this to apply for a CCJ?

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Dorothy Green

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Member Since March 2025 - Comments: 7

12:00 PM, 3rd April 2025, About 10 months ago

Mithun.
Your tenant refused to pay rent for 6 months?
There is usually a reason. Maybe the person had no money. Maybe the person needed repairs.
You did not say whether it was left trashed.
If the person can now pay and would like to, maybe a meeting could be set up by a neutral party.

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Judith Wordsworth

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Member Since January 2015 - Comments: 1371

18:55 PM, 5th April 2025, About 10 months ago

Reply to the comment left by TheMaluka at 02/04/2025 – 13:39
I did take legal action both through the Court application for Possession and MCOL.
It was after she had vacated the property I couldn’t find her despite all my efforts.

As I said in my post “She was even still using the rental address for Court correspondence even though I sold the property 2 years before the 6 years were up. She even had the cheek to ask the Court to contact me for a Certificate of Satisfaction when she still owed money. Not the once but twice! ”

Sadly sometimes it’s impossible to find where they have moved to.

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