I know where the tenant has gone, can I use the info?

by Readers Question

10:31 AM, 8th February 2018
About 10 months ago

I know where the tenant has gone, can I use the info?

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I know where the tenant has gone, can I use the info?

Monday this week we had a tenant abscond owing rent. Much more than the deposit. (yes, they past references etc.)

The (now) ex-tenant point blank refused to give forwarding details. As is their right.

It turns out the move was very local. There was no stalking, no hanging around street corners dressed as a detective from a black and white movie, no social media searches, I simply went shopping last night for supplies to drown my sorrows over what I assumed was an unrecoverable loss (McGuigan Estate Chardonnay £5/bottle @ Sainsbury) and the information just plopped into my lap.

I want what is owed. What is my legal position?

Can I use this information for filing a claim, the court papers going to the new address?

If it turns out there are utility/council tax/other debts, can I give the information to these providers?

I don’t want to find that I am the bad guy, because I used the knowledge to make someone responsible for their own baggage.

Thanks

Hamish



Comments

Mark Smith (Barrister-At-Law)

12:05 PM, 8th February 2018
About 10 months ago

How did it 'plop into your lap'?

terry sullivan

12:10 PM, 8th February 2018
About 10 months ago

yes you can use this info and you should do so--even if you get no money make sure you pursue to the end as then they will have an adverse credit rating.

Jane Smith

12:24 PM, 8th February 2018
About 10 months ago

Yes! Damn right you should! I am astounded to infer from your post that even if a landord (or anyone who is owed money) does do a bit of detective work, they then can't use the information? Blimey... 🙁

LVW4

12:27 PM, 8th February 2018
About 10 months ago

Find out who the new landlord is, and tell him/her what's happened to you. I'm surprised your ex-tenant managed to pass the letting agent's referencing process. A reference from the tenant's previous landlord should be the very minimum, and therefore the new landlord won't be at all happy!

Martin Roberts

12:31 PM, 8th February 2018
About 10 months ago

If you pass on his details to all the parties he owes money it may reduce the amount you get via an attatchment of earnings order.

However you may prefer that all his creditors can persue him and his credit rating reflects what he owes.

Mandy Thomson

12:33 PM, 8th February 2018
About 10 months ago

The right to privacy doesn't extend to evading debt or justice. Had you not chanced upon the tenant's new address, you could have employed a tracing agent. You should pass the address to the utilities companies, council tax etc.

The small claims court (where you sue for debts under £10,000) also allows pretty much any address for service on the defendant, though you might want to be sure this isn't just a temporary address.

Charles Fonteijn

12:40 PM, 8th February 2018
About 10 months ago

Reply to the comment left by Mandy Thomson at 08/02/2018 - 12:33
I had trouble with this. I was not alowed to use the address where he worked. They wanted a residential address. Also it is a good idea to make the tenant sign on the registration form and insert: The information on this form is for the sole use of the landlord only for the purposes of letting. No information contained therein will be divulged to any third party, unless the tenant defaults.

Paul Kaye

12:43 PM, 8th February 2018
About 10 months ago

you must persue all debts.
I took two x tenants to court years ago and one is still paying me monthly.
The other (it turned out)owned a house !!!!!!!!!!!!! so I obtained a charging order on the house and while it took 5 years,it has just been sold and I got my money plus 8% interest !!turned out a good investment ,I mean 8% !!! well worth waiting for !
The tenant still paying me had moved without telling me,but still worked at same place ,so I sent a letter c/o her work,she soon got back to me.Over £2000 interest is added over 5 years.NEVER GIVE UP !

Ann Shaw

12:52 PM, 8th February 2018
About 10 months ago

You can upload bad tenants on this brilliant website, which is ICO approved. It is a database of bad tenants, ie tenants who have defaulted on rent, or caused damage to your property. It is also free to join!! http://www.landlordreferencing.co.uk/

Luke P

13:11 PM, 8th February 2018
About 10 months ago

I always found using findUKpeople useful for anyone I was struggling to catch up with...

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