County Court Action

[Carryon Regardless]

I've a few historical unpaid rental accounts that I had considered 'wouldn't' gain me benefit by a County Court action.

Last night I was considering that by taking these abusive gits to court and having a CCJ in my favour there could be a benefit if any searchby a future LA / LL was clear that they had defaulted on previous rents. That benefit being a future LL would see the history and risk.

Just my name as the unpaid damaged party wouldn't mean much but am I able to take the action as "COR -Property Rentals" as any AST of course only shows me as "COR" ?

A further question on this is how much responsibility do I / we have to trace the present wherabouts of absconded T's ?

As I understand we are able to use the last known address of the T for the action, this invariably would be our own rental address. This we of course know to be not current as they have naffed off.

Having gained a CCJ at that address and later tracing the absconded T how do we associate the old and new address for Bailiff action ?

[Mortitia]

Some say it would be vindictive to pursue a tenant just to get the CCJ but I think as landlords we should to give a clue to others and maybe get the tenant in question to take more responsibility for his/her actions by bringing a case.

I tried the 'last known address' scenario in a MCOL case where I was awarded a judgement twice to get a deposit from the DPS. The second judgement was to get the specific wording the DPS required. Bomb proof you would think - not so.

I am in County court with this same case tomorrow. Tenants (on benefit and free legal aid at that point) successfully argued that they were unaware of the papers and asked for a set aside - that was successful.

Obviously (for novices reading this) you can get a current address via www.findermonkey.co.uk but there is a £60 fee if successful and that may not be recoverable if your tenant is potless.

[Melboy]

I tried the 'last known address' scenario in a MCOL case where I was awarded a judgement twice to get a deposit from the DPS. The second judgement was to get the specific wording the DPS required. Bomb proof you would think - not so.

Yet another reason for me to pay my £15 to keep the deposit so I have total control over the deposit and yet remain totally legal in doing so,

I have a rental property becoming available this month with new tenants moving in and I shall continue with holding the deposit in my account.

Worth every penny of £15 imo ( tax deductable as well! )

[Dave A]

Is the £15 a one off, or does this have to be paid every time the tenancy is renewed? I'm guessing the latter.

Dave

[Melboy]

Is the £15 a one off, or does this have to be paid every time the tenancy is renewed? I'm guessing the latter.

Dave

It's a one-off payment with the same tenants in place.

[Mortitia]

I've just come out of the county court with a set aside judgement - YES! This court is in serious disarray and I expect it is the same in all courts in England and Wales.

Somehow, previously T's sweet talked a female deputy district judge in to awarding them full return of deposit when they owed 1 months rent and trashed the property prior to leaving - photo evidence, bank statements all filed but now missing on the court side! I do have copies. T's also today claim they have thrown out all their docs thinking they had won and that was it.

The court seems to have sent me one order saying the case will be ended by the court if T's don't send in a proper statement and the T's were sent another order giving a hearing date. I am going ask for 'set aside' fee of £60 to be refunded.

Still got to go through a full hearing again but T's sick as parrots.

[Melboy]

Yay! Keep at them Mortitia...........

........and to quote Cpl. Jones......" They don't like it up 'em ".