Evicted tenant with no savings but £5k pm consultancy work?

by Readers Question

9:11 AM, 7th February 2020
About 6 months ago

Evicted tenant with no savings but £5k pm consultancy work?

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Evicted tenant with no savings but £5k pm consultancy work?

I have evicted a tenant 9 months ago after getting a CCJ for possession and money. The Court order states about £20,000 owed.

She has no car, savings or wealth but is earning over £5K a month from freelance consultancy work.

If I take her to court from “Enforcement” is the Judge likely to grant a monthly payment from her as this is not a PAYE job?

It would be nice to hear a solicitors or legal persons view.

Many Thanks

John



Comments

Clint

10:22 AM, 7th February 2020
About 6 months ago

I have several self-employed ex-tenants as well that owe me money so would be interested to know. I know in the past about twenty years ago the judge did not give orders to make any payment but this may have changed more recently

Richard Adams

11:12 AM, 7th February 2020
About 6 months ago

You've got your judgement for £20K which the tenant will have received giving her 14 days to pay which she obviously has not. Now contact Debt Collection Bailiffs and get them to collect. Upon confronting debtors they often find they have no assets they can remove to sell and if they have no income also they would tell you getting any money won't happen. Since your debtor is earning decent monthly income though they would persist and get her to enter into paying you by monthly instalments. Remember, unless they do persist - which they DO - they don't get paid. Good luck.

Clint

11:35 AM, 7th February 2020
About 6 months ago

Reply to the comment left by Richard Adams at 07/02/2020 - 11:12
If the debtor tells the bailiff that they are no longer working which is highly likely, I cannot see the bailiff being able to do anything as the bailiff

Richard Adams

11:47 AM, 7th February 2020
About 6 months ago

Clint, the bailiffs will go in to bat knowing from the client that the debtor is pulling £5K per month in consultancy which he says is the case. When bailiffs visit they cannot be prevented entering to look for assets or asking questions. They are not mugs and can see from state of the home if the debtor is skint and out of work. Often they agree to debtors paying in monthly instalments if client agrees. In this case maybe £1000 pcm would be agreeable to John? Better than nothing for sure! If debtor reneges on payments then bailiffs will re visit.

Clint

11:50 AM, 7th February 2020
About 6 months ago

Reply to the comment left by Richard Adams at 07/02/2020 - 11:47
Thanks for letting me know Richard. I will have to chase up some of my debts

Antony Antoniou

12:44 PM, 7th February 2020
About 6 months ago

Persevere and you will succeed, my case was slightly different from yours, the tenant gave fraudulent documentations to obtain AST. Only paid 1st month rent. Claimed he was out of work, but found evidence that he was sub letting my flat plus selling second hand cars on Gum Tree. Found his new location on gumtree plus a simple phone call
We eventually got him out after 5 months with over £4,000 in legal and rent arrears; I got my rent paid via rent guaranty insurance.
Gave all information I had on this toe rag to insurance company, then in about 3 month after the court, I got threatening call that he will demolish the property as the bailiffs took his cars and possessions. I then took out an injunction on him to keep away from the area for 3 years

Richard Adams

14:42 PM, 7th February 2020
About 6 months ago

Reply to the comment left by Clint at 07/02/2020 - 11:50
Good luck going for what you're owed AND teaching them they can't get away with it.You can go after your debtors for five years after date of CCJ. Sometimes a debtor might not be able to pay, genuinely, immediately after CCJ but a year or two later their financial situation improves perhaps?

Uxucvhrtau

15:27 PM, 7th February 2020
About 6 months ago

This is a very easy one John, simply follow Court PROTOCOL by employing the High Court Writ of Execution using the Sheriffs Office, not the actual Courts Bailiffs and then if you still not been paid, pay some more money and file for Bankruptcy or accept your losses and move on.

John

0:10 AM, 9th February 2020
About 6 months ago

Richard,
I understand that Bailiffs can take possessions but I dont believe she has any possessions of any value currently. I didnt think Bailiffs can extract monthly payments from the tenant from her earnings. I thought that I had to go back to Court and do an "Enforcement" case. Is this not so? Hence my question "Is a Judge likely to demand monthly payments from earnings when it is freelance "Consultancy" earnings & not PAYE earnings?"
If not perhaps I am best to wait a couple of years by which time she might have savings and a PAYE job.
Regards, John

Uxucvhrtau

0:24 AM, 9th February 2020
About 6 months ago

Reply to the comment left by John at 09/02/2020 - 00:10
Just file for Bankruptcy and you will get paid if they value credit

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