Richie1966 Posted August 2, 2013 Report Share Posted August 2, 2013 I am owed £1500 by previous tenant and have obtained both CCJ and High Court Writ. Sheriffs visited her but say she will not open door to them and they feel there are no asset to seize. Ex tenant is unemployed and receiving housing benefit. Can I apply to council to get some of her benefit stopped and paid to me to repay the outstanding rent arrears? Link to comment Share on other sites More sharing options...
Richlist Posted August 2, 2013 Report Share Posted August 2, 2013 Its unfortunate that you find yourself in this situation BUT........its one of the reasons why some of us take out rent guarantee insurance &/or insist on a home owning guarantor. If the debtor has no assets you are unlikely to recover anything from them. Learn from the experience and move on. Link to comment Share on other sites More sharing options...
Melboy Posted August 2, 2013 Report Share Posted August 2, 2013 The HC Sheriff's have the power of forced entry but that normally means employing a locksmith for entry which adds to the bill. If there are no assets to seize than basically you have had it. You can of course write off that debt against your tax return. The Council will not do what you have suggested so that is not an option for you either. Next time, as Richlist has said, home owning Guarantor and rent guarantee insurance is advisable to avoid the situation you find yourself in now. Link to comment Share on other sites More sharing options...
Mortitia Posted August 2, 2013 Report Share Posted August 2, 2013 Don't forget your judgement last for 6 years (I think) so you could wait and watch and see if her circumstances change and then try to get payment. What you have to ask yourself is - how many others does she owe money too? Some people make a lifetime career out of not paying and she could be one of them. For £1500 I think I would right it off and move on. Link to comment Share on other sites More sharing options...
Richlist Posted August 2, 2013 Report Share Posted August 2, 2013 The HC Sheriff's have the power of forced entry but that normally means employing a locksmith for entry which adds to the bill. Thats not true in this case. Sheriff's have the power to force entry ONLY into commercial premises. In domestic/ residential they can ONLY enter thru an open window or door, they are not permitted to force entry. Link to comment Share on other sites More sharing options...
Chestnut Posted August 2, 2013 Report Share Posted August 2, 2013 Concur with all responses - except I would not bother to 'wait and watch' for next 6 years. Move on - an arrears debt of that amount is a letting business loss to write off profit. One suggestion - useful if current tenant is beseiged with old mail - print off a sheet of labels 'Return to sender - no longer at this address' and ask that they stick on and drop mail back in a post box. Link to comment Share on other sites More sharing options...
Melboy Posted August 2, 2013 Report Share Posted August 2, 2013 Thats not true in this case. Sheriff's have the power to force entry ONLY into commercial premises. In domestic/ residential they can ONLY enter thru an open window or door, they are not permitted to force entry. Oh! Yeah! I forgot it's commercial premises only. Link to comment Share on other sites More sharing options...
Grampa Posted August 3, 2013 Report Share Posted August 3, 2013 Can I apply to council to get some of her benefit stopped and paid to me to repay the outstanding rent arrears? I have never done it but you can apply to get payment by instalments from a tenants benefits for rent arrears BUT ONLY IF THE PERSON IS STILL A TENANT IN THE PROPERTY. Link to comment Share on other sites More sharing options...
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