Had a CCJ demanding 3 times the deposit

Had a CCJ demanding 3 times the deposit

10:27 AM, 13th December 2014, About 7 years ago 73

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Stupidly, and I mean very stupidly, did not put a tenants deposit in a deposit protection scheme. Had a CCJ demanding 3 times the deposit

They have just told me they are emigrating to Australia and have said in an mail that they are not going to be paying the last months rent. Now to top it off they have issued a CCJ demanding three times the deposit plus £105 for court costs.

They are also refusing me entry.

Up until now we have had a good relationship but they are totally exploiting the situation for monetary gain.

Do I have any rights or have I blown them all out the window by not putting the deposit in a scheme?

I used to use a letting agent but the tenant and myself decided to do it between ourselves.

We couldn’t agree on a contract so we verbally said what we wanted, I wanted 2-3 months notice but they have only give me one and that is not in writing.

Thanks in advance for any helpful suggestions.

Regards

Steve Morton



Comments

by Monty Bodkin

20:20 PM, 18th December 2014, About 7 years ago

The deposit legislation is widely acknowledged as a shambles.

It has done little other than create another red tape 'industry', causing more harm than good.

Good landlords comply with it because it is the law but they were never the problem anyway.
Rogue landlords have found ways round it.
Accidental landlords get shafted, as in the case here.

It needs scrapping and thinking again, properly this time.

Until then, I will continue to advise decent people how to mitigate their losses against this failed legislation.

by Alan Loughlin

20:47 PM, 18th December 2014, About 7 years ago

completely broken, and why I for one have nothing to do with it, all I see, on here, and elsewhere, is problems relating to this issue. Strangely we see nothing about rogue tenants, and all the unspeakable things they do to us, but no, the news is always about rogue landlords.

by Steve Morton

16:55 PM, 19th December 2014, About 7 years ago

Hi, the tennants have not took my offer so i will offer the same to the judge and put all the things that he MAY take into consideration the main points are
1) they asked me to use the deposit as the last months rent, when i refused they did not pay the last month and put it to me in a mail that they were not going to, so on the one hand they are trying for compensation for not putting it in a scheme on the other they are using it as rent are 2 wrongs making a right then?
2) They have not put in writing that they are leaving and although i have asked them via email more than once they still haven't also i wanted 3 months notice and they have verbally only given three and a half weeks
3)They are refusing me entry even though i have an estate agent wanting to take some photos and measurements of the inside and a possible tennant who wants to look at it (i have not been round the house but they have put in email that they will phone police if i do) it is legal to give enough notice to let a potential buyer look around
4) i do not have enough time to countercharge for the months rent if the judge makes me pay the 3x plus the deposit they will have stung me for a month also as they are moving to Aussie

Any way these are only considerations it may make the judge take them into consideration then again it probably will not

by Jessie Jones

17:04 PM, 19th December 2014, About 7 years ago

Reply to the comment left by "Steve Morton" at "19/12/2014 - 16:55":

Steve,
I have no idea what the backlog is for Court hearings in your area, but if it's anything like the rest of the country then it will be many months.
By which time your tenants will have gone to Australia and you will have had the opportunity to properly assess the property and know what date they left and what they owe you.
The likelihood is that they won't come back for a hearing so my advice to you would be to wait it out. But serve eviction notices on them anyway just to get the ball rolling in case their immigration plans fall through.

by Renovate To let

17:17 PM, 19th December 2014, About 7 years ago

I wonder if the Aus thing is real or just a smokescreen to cover their getaway. You either need a job offer or a defined skill to get "in" - unless they are just off backpacking.

Regarding using the deposit as rent, you clearly need access to assess the state of the property before considering that - they might have trashed it (or might still do so after the deposit has been used).

My approach would be to ask to go and see them to work out a deal but only go in if they allow you to. People are often far more malleable face to face than in keyboard warrior mode.

You can drop into the conversation that receiving a UK CCJ will not help their status in Aus if they abscond with rent arrears (and damage). Do you have a proper check in inventory?

by Steve Morton

17:20 PM, 19th December 2014, About 7 years ago

Thanks Jessie
Trouble is i have only 14 days to reply to the court if i go for the 28 days it means i am objecting to the claim and at the end of the day i have to take some responsibility for the the deposit fiasco so i can only admit it as the evidence is overwhelming, i can make an offer like i did to the tennants
I think they do not need to be here once they have made their claim, i wish i knew a little more on the laws stance on the actual procedure and its the judges decision on how much i have to pay not the tenants

by Jessie Jones

17:28 PM, 19th December 2014, About 7 years ago

Reply to the comment left by "Steve Morton" at "19/12/2014 - 17:20":

Steve,
They DO HAVE to be at Court if you dispute what they say, so that the Court has the opportunity to decide who is telling the truth. You have already indicated that the sum of money has been described as both a 'deposit' and also as 'the last months rent' so there is plenty of room for discussion in Court.
If you dispute it at this stage, there is nothing to stop you from coming to an agreement at a later date. Like after they have left.

by Steve Morton

17:29 PM, 19th December 2014, About 7 years ago

Reply to the comment left by "Renovate To let" at "19/12/2014 - 17:17":

I do not think they will trash the place in fact I'm quite confident they won't , also i think the moving to Aussie is real as the woman does do a lot of business in Aus they are a professional couple but i cannot see how they can claim 3x rent for not putting it in a scheme then using it as the last months rent? it does not make sense like i have said 2 wrongs cannot make a right
Also heard on the radio coming home someone got beaten up really badly and hospitalised in a unproved attack, the assailant got ordered to pay £1200 compensation and got some community service blimey on that scale my crime is huge!!!!! i should be locked up i will be ordered to pay over £2000 in compensation and the tenant has not suffered anything including no monetary loss

by Mark Alexander

17:30 PM, 19th December 2014, About 7 years ago

Reply to the comment left by "Steve Morton" at "19/12/2014 - 17:20":

Steve

If you admit within the 14 days I can't see how that helps you.

On the other hand, if you write to the Courts within 14 days with a request to defer on the basis of everything you said in your last but one post that seems perfectly reasonable to me.

There appears to be a strong likelihood that you will need to counter-claim based on rent arrears, lack of notice served, cost of getting a possession order on the grounds of valid notice not having been given and possibly damages too. However, only time will tell because you don't know at this stage whether the tenants will vanish without paying their last months rent and you have no way of knowing whether any damage has been caused until you can get access to the property. On the basis that they haven't given you valid notice to quit either they may even be lining you up for an illegal eviction claim too when they return from their trip!
.

by Steve Morton

17:31 PM, 19th December 2014, About 7 years ago

Reply to the comment left by "Jessie Jones" at "19/12/2014 - 17:28":

Thanks again Jessie i will have to give it some serious consideration, on the form it says if i do dispute it and loose i will have a lot more to pay


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