svin7654 Posted January 1, 2011 Report Share Posted January 1, 2011 Hello I am a new member on here I wonder if I could ask for advice I evicted a tenant for non-payment of rent through a court order in August 2010. I found the property abandoned ransacked and goods stolen The ex-tenant owes me 6 months rent. He never replies to tel messages or emails , and changes his mobile telephone number every few months His current home address is untracable*(as per my solicitor who keeps charging fees and informs me that the searches indicate that he is still living at my property!-which he isn't as it is rented to a new tenant) I have managed to find his work address through the estate agents. Though he was evicted through a court order I fell helpless to recover this debt as I do not have his current home address To add insult to injury the estate agents colleced a t rent collection fee for a period of 3 years and used his deposit as a their fee and are refusing to refund any of it(they managed to collect only 1 months deposit and 1 months rent so I am deeply upset by this). The tenant was evicted after 7 months due to the time it takes with the court orders etc I would be grateful for any advice Link to comment Share on other sites More sharing options...
Mortitia Posted January 2, 2011 Report Share Posted January 2, 2011 Hi, I need a few things clarifiying first but I would forget chasing the tenant (you could spend loads and get nothing) and go for the letting agent. Don't use your solicitor to trace use a site like 192.com - you usually get 6 free goes and you can even do a brancruptcy search online for free. If tenant has no money there is not point persuing I say but if he is working you could get an attachment of earnings if you get a judgement for the unpaind rent. Ask youself is it worth it? Was the tenancy started after deposit protection came in (April 2006) and if so who protected the deposit? You the landlord should have final say in what happens to the deposit in a case like this so where is it ? Did the agent not protect the deposit? If this was the case you (and tenant for that matter) could bring a case against the agent in the small claims court. Judges view deposit matters very seriously. Come back with some details as asked above. Mortitia Link to comment Share on other sites More sharing options...
svin7654 Posted January 3, 2011 Author Report Share Posted January 3, 2011 Thank you for taking the trouble and replying I am in the process of getting to apply for attachment of earnings , after finding this info via HMcourts service yesterday.I have traced his work address but the searches arranged through agents show that he is still suppossed to be living at my address(the rental property) so I do not have his current residential home address.The ex-tenant is probably a master at doing this and hopes to keep living rent free for rest of his life with no consequence to him. He may have been using my property as extra source of income by subletting it . The deposit was protected by the estate agents. They claim they are entitiled to 3 years rent collection fee equating to more than what the tenant paid in deposits and 1-2 months rent, hence they have released the money into my client account!!! whatever that means but cannot pass it on to me as I still owe them a rent collection fee for 3 years ! Sounds like day light robbery and what they are doing is illegal however the solicitor who worked through the legal insurance has been very unhelpful and since the court case demands £200 for writing letters etc. Looks like a lost battle but I am not prepared to give up as I know this doesn't sound right. Link to comment Share on other sites More sharing options...
Mortitia Posted January 3, 2011 Report Share Posted January 3, 2011 I'm still not clear on this and I'm sure you have a case you can sort yourself with the agent who is way out of line. When your tenant paid a deposit the agent had to put it with one of the 3 government recognised agencies that control this money - which was it? DPS, TDS or another?? This info should be in the tenancy agreement OR did they not do this - check and be firm as there may be a major scam going on here. Call agent and find out where the deposit was protected and get the ID numbers you should by law have had to see about releasing the deposit. This info should have been provided to you at the outset. Only the landlord can agree refund of deposit NOT the agent. ( In future I recommend you use the government run Deposit Protection Service and specify this on signing up.) They are straighforward to use. Call the depsosit taker concerned and register your problem about the agent acting unlawfully. An agent is not allowed to take money on a contract whereby he/she provides no service - check out OFT V Foxtons (google it). It seems that this agent is charging you for a service you are not getting. They have opened a 'client account' within their offices and that is where your money is being held until it is eroded away. Tell them you want to cancel the contract and you want the deposit returning to you as is legally required. This should bring about some action. For tracing also try Findermonkey.com Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted January 3, 2011 Report Share Posted January 3, 2011 You are being fobbed off by your letting agents. Their ignorance on Letting (Agents) Law and procedures seems to be totally inexcusable as you have reported them here. As Mortitia has stated......ask them for you deposit ID number......if they cannot provide you with this basic information then it almost most certainly means it was never lodged for protection in the first place and if this turns out to be the case you do have a claim against them and they will know this so turn the screw at this point and make them aware of what you are going to do. Mel. Link to comment Share on other sites More sharing options...
svin7654 Posted January 4, 2011 Author Report Share Posted January 4, 2011 Thank you for setting me on the right track, this has got things moving in the right direction Link to comment Share on other sites More sharing options...
litmon Posted January 7, 2011 Report Share Posted January 7, 2011 HI! Thanks for sharing. I am having a similar problem. The tenant has not paid rent since 8 months. Seen all the suggestions hope that helps me. Thanks again. Singapore Property Rental Link to comment Share on other sites More sharing options...
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