CCJ obtained against tenant. Now need to trace him and get my money.

CCJ obtained against tenant. Now need to trace him and get my money.

17:29 PM, 8th March 2015, About 7 years ago 53

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Hi guys,

This forum has been of great help to me since becoming a landlord. I hope you can advise me on the following issue as well. CCJ obtained against tenant. Now need to trace him and get my money.

I had to take my tenant to court over unpaid rent and managed to secure an order of possession under s.21 grounds 10 and 11.

The court has also kindly applied a CCJ for unpaid rent of £3,142.11 and also court costs of £280, I’m just waiting for the bailiff to set a date and kick the guy out.

Now I am perfectly aware of the fact that the tenant would have obviously vacated the property by the time the bailiff come, packed his bags and will be gone for good. Nevertheless, I am absolutely determined to get back every penny that is owed to me.

How can I go about tracing the tenant? Can you recommend lawyers or services which can do this one my behalf on a no find no fee basis?

Once found, what are my options? As far as I am aware, he doesn’t work and lives on housing benefit and other forms of benefit. Can I contact the council where he resides to have some of benefits diverted to me?

Is the tenant likely to obtain social housing as a result of the eviction? Surely not. Especially with a CCJ? When is like to the council some.months ago they said they will have to contact me for a reference if he applies for social housing.

Your advice is greatly appreciated.

Kugan



Comments

by

12:24 PM, 12th March 2015, About 7 years ago

Quick question (probably a stupid one). I just wanted to check; on the day the bailiff arrive I have to have a locksmith ready. Does it have to be a proper locksmith? I'm asking because my dad is a building maintenance worker (essentially a builder) and is able to do it himself. Is that ok?

by Ian Ringrose

12:32 PM, 12th March 2015, About 7 years ago

The locksmith may be needed to pick locks the tenant has fitted, not just to fit new locks.

by

12:45 PM, 12th March 2015, About 7 years ago

Reply to the comment left by "Ian Ringrose" at "12/03/2015 - 12:32":

Again that is something my dad is capable of dealing with. So I assume as long as I have someone who knows how to do it it's fine. I don't have to hire an external locksmith to attend the eviction?

by Mark Alexander

12:48 PM, 12th March 2015, About 7 years ago

Reply to the comment left by "Kugan Lingam" at "12/03/2015 - 12:45":

I recommend that you ask your Dad to change ALL locks.
.

by

12:50 PM, 12th March 2015, About 7 years ago

Reply to the comment left by "Mark Alexander" at "12/03/2015 - 12:48":

Agreed Mark. Most likely the property is going to need a complete revamp anyway as I expect to find it in the worst state possible, in which case might as well change all the locks, including side entrance to garden.

by Mark Alexander

12:58 PM, 12th March 2015, About 7 years ago

Reply to the comment left by "Kugan Lingam" at "12/03/2015 - 12:50":

I just hope you don't have to deal with graffiti spray on external walls, are you insured for malicious damage?
.

by Dr Rosalind Beck

9:34 AM, 14th March 2015, About 7 years ago

Hi Kugan.
We've been in this situation many times. Quite often the person is still there on the day of eviction by bailiffs and you can find you spend the whole day hanging around waiting for them to get all their things out.
Beware that they don't ask for a 'stay' at the last minute. With one of our worst tenants the day before the bailiffs appointment we received a call from the court at 5pm saying the tenant had applied for a 'stay' and that there would be a hearing the next morning at 10am. The court worker said we didn't need to attend. 'What will happen if we don't?' we asked, 'The judge may grant her longer in the house,' was the reply. We received excellent advice from Adrian at the Guild of Residential Landlords who emailed us a document that same evening, which we could amend and give to the judge - can't remember all the details, but basically it did the trick and she still had to get out as planned at 12pm the next day,. This has only happened once, but I just wanted you to be aware of it.
As for the money, I'm afraid you have to write it off - unless you somehow get information that the guy gets a job at some point. In my experience though you won't get a penny. You just have to take a philosophical approach, once the anger has subsided and accept that this person cheated you, he's the bad guy, you're the good guy and it's only money. All the best.

by

10:43 AM, 14th March 2015, About 7 years ago

Reply to the comment left by "Mark Alexander" at "12/03/2015 - 12:58":

I do indeed. Thank god. Need to check what the limits are though.

by

10:45 AM, 14th March 2015, About 7 years ago

Reply to the comment left by "Ros ." at "14/03/2015 - 09:34":

Thank you Ros. This has given me sleepless nights but my understanding was that the judge can only ever issue a maximum of 42 days stay under exceptional circumstances. This period runs from when the original order was made. The order was made on 4th Feb. Doesn't this mean the 42 days have long expired?

by

10:46 AM, 14th March 2015, About 7 years ago

The bailiff date is 9 April.

I wondered if I can enter the property with my own keys during this period to inspect it?
In addition, a gas inspection is also due shortly. I hope to be able to enter the property on both occasions with my own keys.
I will obviously write a letter to the tenant giving him notice of the date and time I am going to visit.

The wording in my tenancy contract in respect of inspections is as follows:
"(n) Permit the landlord or the agents with or without workmen and others upon giving reasonable notice (except is emergency) to enter upon the property at all reasonable times during the daytime for the purpose of examining the state and condition of the interior of the property and of the furniture equipment........................"

In respect of the gas inspection the wording is as follows:
"There are very severe penalties when a gas inspection is not completed on time. For this reason it is required that the tenant be available whenever possible to provide access for this inspection. When this is not possible, the agent will attend with the gas safe engineer and will gain access without the tenant being present."

How can I issue notice of the inspection? Is a 24 hour notice acceptable or does it need to be longer?


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