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

by Readers Question

9:11 AM, 7th February 2020
About 8 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


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Comments

SimonR

11:29 AM, 28th February 2020
About 7 months ago

Reply to the comment left by John at 27/02/2020 - 22:34
Morning John,

I fully understand your wanting to wait A you come across as a decent person and B to maybe see if the ex tenant builds up saving and to be honest many landlords are the same. Many also just want shot of the tenant, to put the property straight and to get a new tenant in asap without the hassle of court orders. The one issue I have with this is that the renters that know how the system works play on this so landlords should follow through and if it became clear that there will be consequences then I believe the overall arrears picture will reduce. i have no desire to tell you how to do things but to hopefully offer some constructive insight to help you make a decision what ever that maybe and going forward I wish you all the best.

Clint

11:36 AM, 28th February 2020
About 7 months ago

Reply to the comment left by SimonR at 28/02/2020 - 11:29
I always get the tenant a CCJ even if I am almost 100% sure that I am not going to recover the debt. Makes sure that the next landlord is flagged of the debt and makes it more difficult to find accommodation

Richard Adams

12:10 PM, 28th February 2020
About 7 months ago

Reply to the comment left by John at 27/02/2020 - 22:34
John
It is awhile since I last used DCBL so forgive me if I do not recall exact amounts that get paid to them for admin etc. Certainly when they succeed anything paid by you for admin (including getting High Court authority like you say) is recovered from the debtor. You have researched doubtless correctly that £60 plus £75 + VAT is on the line if they fail. This amount is paltry against the £20K you are owed. Surely worth the outlay?
You seem to have spoken to DCBL like I suggested. Having explained all the stuff you have posted in this thread about your Irish lady ex tenant and her consultancy monthly income etc etc did DCBL say they would be keen and confident to take the case? If they feel success is unlikely they won't take you on quite simply because they won't be earning. DCBL will surely have expressed an opinion to you when you spoke with them?

Clint

13:02 PM, 28th February 2020
About 7 months ago

Reply to the comment left by Richard Adams at 28/02/2020 - 12:10
A slight side track but still referring to debts. Does anyone know if there is a way where the 6 year time scale for chasing a debt can be extended? Is it at all possible to say 5 years down the line or just before the 6 years is up reapply for the same debt and remove the first CCJ?

Richard Adams

13:12 PM, 28th February 2020
About 7 months ago

I don't believe so Clint but you would need to ask the courts. But really the only benefit to a creditor in being able to pursue a debtor down the line, ie not immediately after date of CCJ, is in scenario where debtor is genuinely - note "genuinely"! - unable to pay when CCJ is issued. The danger of postponing pursuit until later carries risk of debtor having moved elsewhere or just disappeared into the wood work. Non paying tenants are generally slippery customers probably dodging other debts and obligations as well. Go for the debtor's throat without delay is best thing to do.

John

16:02 PM, 28th February 2020
About 7 months ago

Hi Richard,
DCBL felt that they had a reasonable chance of some recovery but only by monthly payments. If the tenant agreed to pay say £500 a month it would take about 4 years to recover the £20,000 plus their fee. They say that their contract is only for 12 months so if she stopped paying after the first year it would be down to me. Also if she moved or lost her job issues would occur. My other alternative action would be to employ a Solicitor who would try to get an enforcement order for £500 to £1000 per month but he said that the same problems would occur if she stopped paying. moved or lost her job.
Regards, John

Richard Adams

15:08 PM, 29th February 2020
About 7 months ago

Reply to the comment left by John at 28/02/2020 - 16:02
John
Anything you get however small is better than nothing so go for it ASAP. I'm not aware of the 12 month contract scenario but surely you could enter into a new one ongoing for next year and onwards in that unlikely event? Your ex tenant will have become aware that trying to bullshit her way out of paying with DCBL cuts no ice by then. She might offer £500 per month at outset but DCBL will push her to pay more which from income of £5000 per month she can surely afford? Make no mistake that the bailiffs who actually knock on her door take no prisoners within the law of course and the more they get her to pay the more they earn and sooner like yourself. Keep us posted how you get on.

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