Obtaining CCJ

[Super_c00k]

Hi all,  Newbie here.  Looking to take out a CCJ against tenant who has done a runner owing rent, etc etc.  No forwarding address but know where she works.  Can notice be served at her work address?  Also, although we operate 100% legally (paying tax/accounts done etc) we do not have a business name, so when completing the online CCJ claim form do we register as a business or individuals?  Thanks in advance for any advice - hoping to avoid solicitors fees on top of everything else it's costing us to get the place rentable again!

[Grampa]

You register as individuals and in the same name as named as the landlord on the tenancy agreement. Dont forget you have to send a correctly worded "letter before action" to the tenant prior to starting the on-line claim.

Check your tenancy agreement as it may state that notices can be served at the last known address..

Also why not turn detective and follow her home from work or use one of the internet sites to find her address such as find a monkey. https://findermonkey.co.uk/tenant-tracing

Once you get the CCJ you then can apply for an attachment of earnings at her work place

 

[Mortitia]

My worry is that she still might have a live tenancy.  Did she announce that she was leaving and give notice? If not a Section 8 possession case will get you a legal possession order and an order for the debt (CCJ)

Was there a deposit and was it protected etc.?

You can serve papers to the last known address as it takes a few weeks for a new paper trail to be established and that will be accepted by the county court.

[fionaf]

We had a tenant who did this and hoped we wouldn't find her but likewise we knew her work address and the mere thought that we might write to her HR department meant she started paying off the debt and signed a declaration she had quit the property owing us the specified sum and we were free to rent again without the need to go to the courts. If you do end up trying to claim back any debt owing, do be realistic the the court will probably only agree a monthly sum and you have to have proved you've tried to resolve the matter yourself anyway to have any sympathy with the court. Our repayment plan with the tenant means it will take her over two years to pay us back but I can't imagine the court would do anything more favourable. You mention avoiding solictor's fees - if you have worded your tenancy agreement correctly then although you have to pay up front then the tenant will be liable to these as a cost in the long-run so do make the tenant aware of these - as Grampa says you need to notify them of everything including outstanding debt and what fees may be added to the debt should they not comply and you be forced to go down the court route. I had to do a s.8 once (fortunately only the once!) and the court clerk said it was the best paperwork they'd ever seen by a private landlord which under different circumstances would have made me chuffed, as it was I was just glad it wasn't faulty and wouldn't be thrown out. 

[Super_c00k]

She left voluntarily some time ago to move in with her boyfriend it would seem. She allowed her teenage daughter to live there (subletting?) with HER boyfriend. We have a text message from her giving us the date she would move out. We have made repairs and redecorated ready for a new tenant to move in 1st July. Have sent a Letter Before Action to her work address via signed for mail. She has until next week to pay outstanding sum before we start CCJ action. Deposit was insured with DPS but have retained it to cover some of the debt. 

[Mortitia]

By saying you are applying for a CCJ do you mean you are going for a Section 8 possession - 'cos that is what you need to do. It will end the tenancy and give you an order for the rent debt.  14 days notice is required.