Recovering outstanding rent and repair costs?

by Readers Question

13:38 PM, 12th August 2015
About 3 years ago

Recovering outstanding rent and repair costs?

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Recovering outstanding rent and repair costs?

We have tenants who vacated a property prior to the end of agreement, without permission, owing rent. The deposit does not cover all overdue rent, repair costs for damage, cleaning, costs of new locks (not all keys returned) and cost of resetting.ccj

Does anyone have any successful experience of recouping out of pocket costs such as this using money claim online or CCJ action.

NB the tenants are both employed with good salaries and have just purchased a house… So were always able to afford to pay what they owed.

They also didn’t tell us where they moved to, but set up a confidential mail redirect from our property.

Can papers be served in that way?

Thanks in advance for any tips

Peter



Comments

Neil Patterson

13:40 PM, 12th August 2015
About 3 years ago

Please also see the Sheriffs Office free guide to enforcing judgements

>> http://www.property118.com/free-guide-enforcing-judgements/70013/

matchmade

11:53 AM, 13th August 2015
About 3 years ago

Royal Mail won't let you know where the redirected mail is going to: that's confidential private data. However organisations like Landlord Action specialise in tracking people down, and can enforce collection after you win a CCJ.

You are fortunate that your ex-tenants are employed and you know they own a house. You can enforce the CCJ via a compulsory deduction from their monthly salaries, and place a charge on their house (much like a mortgage charge), which means you will be paid when they eventually sell. If they were self-employed and still renting, it would be much harder to enforce the CCJ (no salary and no assets, though they are probably just being hidden).

Once you know the address, you may like to exert some pressure on your ex-tenants via their mortgage company. Get a copy of their property deeds from the Land Registry (it has a cheap online service for this), find out the name of the mortgage provider, and write to it, informing the company that you intend to seek a CCJ and will be placing a second charge on the house. Suggest that if the company wishes to avoid the complication of this second charge on their asset, it should write to your ex-tenants and ask or instruct them to reach a pre-court settlement with you. A stiff letter from their new mortgage provider may provide the necessary incentive for them to settle up.

14:26 PM, 13th August 2015
About 3 years ago

I have an ongoing case with previous tenants at the moment with The Sheriffs office. Went to Small Claims first and CCJ given: 4 months unpaid rent owed. They disappeared for a while but social media revealed enough to ask for them to go to court to declare their financial position. Transferred up to Sheriffs straight away and after 3 visits to house they have started making regular monthly payments. Going to take a while to get back but worth the effort though at times felt like giving up. Important not to especially seeing how much they owed with mail left at the property when they had gone (opened by them and left). Had paid no bills since moving in 3 years previously we discovered. dont want their next landlord to think they can get away with it and have a free ride.

Luke P

9:34 AM, 14th August 2015
About 3 years ago

Reply to the comment left by "Ann Large" at "13/08/2015 - 14:26":

There are oodles more rogue tenants than there are landlords. When will the government figure this out and set up an agency to deal with them swiftly and effectively. It matters because it affects the 'money-go-round' of the whole country.

Run up debts, trash your house, then move on to a nice new house. Boom...the good life.

wanda wang

21:28 PM, 18th November 2015
About 3 years ago

Reply to the comment left by "Ann Large" at "13/08/2015 - 14:26":

I have a similar situation like your, ongoing battle with the ex-tenants, I went from county court to High court the Sheriffs office, and now back to attachment of earning order, I got the order from the court but still haven’t received money yet.


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