GrosAve Posted February 8, 2015 Report Share Posted February 8, 2015 The bailiffs are meeting me at my property at 9.30am Tuesday 10th February. Once the tenant is evicted: How do I find out what services provider he has used for gas and electricity to take readings? I know he has changed them over the years and has not told me. If he leaves belongings there is it 2 weeks he has to collect? If he doesn't after that am I ok to get rid of them? He owes me 4 months of rent and there will be more money owed on top of that when I do the final check out. How do I go about getting his money out of the deposit scheme? Link to comment Share on other sites More sharing options...
Mortitia Posted February 10, 2015 Report Share Posted February 10, 2015 He didn't go then after the possession order then?!! Bet he's hoping to be re-homed by the council. www.ukpower.co.uk/who-supplies-my-gas-and-electricity - try that one. Photograph the meters with readings with your phone as soon as you get in the building as proof. In the original AST what did it say about leaving belongings - usually it says something like 28 days - if so you have store them for that time and tell him where they are then dispose of if he does not collect. Which deposit scheme? If the DPS look a their site (www.depositprotection.com) - you can start a claim immediately but they need all the details. I've got 2 disputed deposits with them a the moment. Link to comment Share on other sites More sharing options...
GrosAve Posted February 10, 2015 Author Report Share Posted February 10, 2015 No and he wasn't there this morning - he'd gone. Left some belongings when I have put into one room. The Bailiff said i have to keep them for 7 days then on the 8th I can disregard, Took pictures of the meters - the gas one is a card. Yes DPS - I'll take a look at it now. What sort of details do they need? Link to comment Share on other sites More sharing options...
GrosAve Posted February 10, 2015 Author Report Share Posted February 10, 2015 I"ve looked at the DPS processes and I understand that I need to contact the tenant and tell him why I do not think I should return the deposit. Can I do this by text as I do not have a fwd address? Then after 14 days I can start the claim process off through the Single Claim process. Link to comment Share on other sites More sharing options...
Mortitia Posted February 11, 2015 Report Share Posted February 11, 2015 The bailiff is WRONG. Consult your tenancy agreement with the tenant - that is the contract in force not something the bailiff says. Chances are tenant won't come back but he has been a nuisance up until now so don't take it he won't go on being so. DPS - yes you could text tenant BUT you need to read the DPS stuff carefully as at some point in the future you need to 'prove' that you texted the tenant regarding the deposit and that could be difficult but I can see that you don't know where he has gone - unless he has had his mail on re-direct from the Royal Mail (ask them). What about the person who contacted you asking you not to go there earlier after the court case - ask him for an address to write to the tenant at ( it does not have to be where he lives)? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 11, 2015 Report Share Posted February 11, 2015 Have DPS procedures changed in the last few months? My last claim was made direct to the DPS. They should have forwarding contact details of the T, provided to them by the T, how can you be responsible for gaining such from a hostile T? In my case the T did object, as you might expect. AS the T didn't clarify his position within the time limit I was paid. Are you sure you have understood the DPS directions correctly? Now what is the reasonable claim you will have, less deposit, against the ex T? What is the feasible value of belongings? What likelihood of having your monies recovered? Ditching the belongings isn't criminal and would require a civil action by the ex T. Are those belongings worth you losing sleep over? If I recall I did say as much on page 8 of a previous thread. Link to comment Share on other sites More sharing options...
Melboy Posted February 11, 2015 Report Share Posted February 11, 2015 Don't forget to photograph tenants belongings and list the items left behind before disposal. Link to comment Share on other sites More sharing options...
Richlist Posted February 12, 2015 Report Share Posted February 12, 2015 http://www.landlordzone.co.uk/content/uncollected-goods Link to comment Share on other sites More sharing options...
GrosAve Posted February 12, 2015 Author Report Share Posted February 12, 2015 What he's left isn't of any monetary value at all, really it's his rubbish. Lots of empty show boxes, old DVDs, an old printer, delapitated desk, lots of course work folders. There's a car in the car port that has been there for over a year. Nothing I would bother trying to sell. I Just need to get them out of the property as it will be let out again on March 9th. I might risk dumping them nearer the time. My AST doesn't state how long he's got to collect. The link above suggests 3 months. He hasn't complied to the AST at all, he didn't leave my keys, didn't stay for the check-out inventory. All the cutlery has gone, cupboard doors are broken with handles hanging off. Property all damp with mould due to insufficient ventilation in the property. I'm not sure if it's even worth going after the 4 months rent he owes me either now, it seems I pay for court action, he doesn't turn up and Im even more out of pocket. The principle of it that he hasn't paid annoys me but realistically, the law can't make him pay, or his ex wife who's on the lease. Really I'm just glad he's gone now. Are there any benefits from chasing the money knowing I won't get it? Link to comment Share on other sites More sharing options...
GrosAve Posted February 12, 2015 Author Report Share Posted February 12, 2015 DPS - is it enough that he owes me 4 months rent to claim the deposit back for myself? Link to comment Share on other sites More sharing options...
Richlist Posted February 12, 2015 Report Share Posted February 12, 2015 We're regular inspections carried out? If yes why wasn't the damp problem and broken doors identified ? Link to comment Share on other sites More sharing options...
GrosAve Posted February 13, 2015 Author Report Share Posted February 13, 2015 The damp problem was identified and informed. Nothing was done. Link to comment Share on other sites More sharing options...
Richlist Posted February 13, 2015 Report Share Posted February 13, 2015 I always leave a booklet about 'Condensation & Controlling Mould' for all my tenants. I specifically point out to them on the day they move in ....the booklet & what is expected of them during the tenancy. In my opinion its just NOT sufficient to assume that everybody understands the cause & effects of condensation......especially younger tenants who usually have had NO experience of it in the past. I know to you & me and everybody on this forum that we find it incredible that people don't understand how mould & dampness happens BUT there is a large sector of the population who have no understanding of these things Here's a link to the booklet that I leave for my tenants:- http://www.ceredigion.gov.uk/utilities/action/act_download.cfm?mediaid=5420 Link to comment Share on other sites More sharing options...
Mortitia Posted February 13, 2015 Report Share Posted February 13, 2015 Put your case in writing to the DPS - you have to do this to get the money. They should contact tenant and confirm that he owes rent and hopefully they pay you the deposit. That is the simplist thing that may happen. The DPS case I have at present involves statements, masses of printing and paying for Commissioners of Oaths to witness docs for me and I am well fed up with it (my case is damages). You could do MCOL to make sure he gets a CCJ but will cost you a fee and more writing - I would do it just to make sure he gets the CCJ against his name and he will be given an order for the debt which will be around his neck a long time unless he pays up. At least he has gone, yes you made mistakes but hopefully you won't do that again. Do it up and re-let. Link to comment Share on other sites More sharing options...
Melboy Posted February 13, 2015 Report Share Posted February 13, 2015 Always do a MCOL for a CCJ. Most of these non paying tenant's just do not realise what a CCJ does to them regarding credit cards, bank loans, credit referencing etc. Also put his name on the list of bad tenants with the online organisation that warns other landlord's ( can't remember their online address right now). Link to comment Share on other sites More sharing options...
Mortitia Posted February 13, 2015 Report Share Posted February 13, 2015 www.tenantregistry.co.uk/ Well there's 1 for a start - there are others. Link to comment Share on other sites More sharing options...
fionaf Posted February 16, 2015 Report Share Posted February 16, 2015 If going to MCOL you need to prove that you made every effort to try and agree a repayment plan with the tenant, if they ignore you communications that should be enough proof, but you also have to warn them of the extra costs that will be going on their debt. Does you AST make it clear that the tenant is liable for any legal costs? If yes then this is added to the debt they owe you. Often when they realise you are serious they will pay something every month. If they are working you can go for an attachment of earnings order, if they are on benefits then likelihood of getting paid back is minimal as the amount they'd deduct is unlikely to cover the extra court fees etc let alone the original debt. Good luck. Link to comment Share on other sites More sharing options...
Mortitia Posted February 16, 2015 Report Share Posted February 16, 2015 How can he do that when tenant has left deliberately concealing his whereabouts? Try reading the full post! Link to comment Share on other sites More sharing options...
vicks Posted February 16, 2015 Report Share Posted February 16, 2015 How can he do that when tenant has left deliberately concealing his whereabouts? Try reading the full post! He could use a tracing agent. One that offers no trace no fee or he could use a service like people finder and try and find the person himself! Link to comment Share on other sites More sharing options...
Grampa Posted February 17, 2015 Report Share Posted February 17, 2015 Or you could do what I do at the beginning of every tenancy where I have a small separate contract drawn up as a deed that That Tenant irrevocably gives permission for landlord or agent to obtain from the Local Authority or Benefit Office the tenant's whereabouts or forwarding address if the tenant has left the property with rent or other monies owing. Link to comment Share on other sites More sharing options...
Mortitia Posted February 17, 2015 Report Share Posted February 17, 2015 He could use a tracing agent. One that offers no trace no fee or he could use a service like people finder and try and find the person himself! It takes at least 5 weeks for a tenant to establish a paper trail at another address plus another fee to add to all the fees! 'Find the person himself' - oh yeah so easy - you need to get a grip on the real life of a landlord Vicks - we have sooo much time to run around looking for debtors just like in Victorian times. Privacy laws give rights to these people so that can go on and stuff someone else up. Link to comment Share on other sites More sharing options...
vicks Posted February 17, 2015 Report Share Posted February 17, 2015 Why are most of your posts so aggressive on this forum, do you get out of bed every day on the wrong side? If you think it takes 5 weeks for a person to establish a paper trail may I suggest you think again. The moment somebody moves into a property or even registers some form of interest at an address (tenancy check) it starts to leave a paper trail. P.S. I am a landlord myself and have been for many years, leave the running round to somebody else, Findermonkey maybe Link to comment Share on other sites More sharing options...
Mortitia Posted February 18, 2015 Report Share Posted February 18, 2015 Most of the newbies on here Vicks don't have cash to burn to get redress (maybe you are getting that message now) or have money or the know how to get someone else 'to do the running around'. You speak from a comfortable landlord position no doubt. Findermonkey would still need the 5 weeks I indicate to track down a tenant. Just signing a tenancy document does not somehow miraculously, immediately put them on the list and neither does signing up to a utility company. Let's be right - you have basically come on here to advertise your service for free - also seen you on other sites and blogged against you! I am pointing up the downside of a newbie thinking he/she could use your service easily and am counter arguing against the impression given by the Channel 4 TV programme on this topic which was full of false hope for landlords stuck with non paying tenants - my opinion. Have a nice day! Link to comment Share on other sites More sharing options...
vicks Posted February 18, 2015 Report Share Posted February 18, 2015 Most of the newbies on here Vicks don't have cash to burn to get redress (maybe you are getting that message now) or have money or the know how to get someone else 'to do the running around'. You speak from a comfortable landlord position no doubt. Findermonkey would still need the 5 weeks I indicate to track down a tenant. Just signing a tenancy document does not somehow miraculously, immediately put them on the list and neither does signing up to a utility company. Let's be right - you have basically come on here to advertise your service for free - also seen you on other sites and blogged against you! I am pointing up the downside of a newbie thinking he/she could use your service easily and am counter arguing against the impression given by the Channel 4 TV programme on this topic which was full of false hope for landlords stuck with non paying tenants - my opinion. Have a nice day! Take 5 minuses my friend. Link to comment Share on other sites More sharing options...
GrosAve Posted February 18, 2015 Author Report Share Posted February 18, 2015 I've got people in turning the property around for re-letting on 9th March. Once it is let out and I've got rent coming in again I will revisit the MCOL again. In the mean time I am making a single claim to get the deposit from DPS due to 4 months rent arrears. The question I have is where do I go to get the most reasonably priced Solicitor/Commissioner of Oaths/Magistrate to witness my claim form? Link to comment Share on other sites More sharing options...
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