AWARDED COURT COSTS, NO JOY IN GETTING THEM BACK

[Racheltara]

On the 13th September 2011 the bailiffs arrived at the house to evict the tenants. The tenants had absconded and not left the keys or a forwarding address.

My angst is that having served a section 8 notice on the tenants, been to court - won - been awarded all the arrreas owed and court costs, payed for the bailiff to evict the tenants I am now being told that the bailiff job is to repossess the house and to make sure the locks are changed. I have now lost in effect all the money I paid out to have the tenants evicted. The contract the tenant signed appears to be worthless. If they refuse to pay the landlord rent and then abscond leaving the property empty the court bailiff has no .duty to trace the tenant and recover the debt awarded by the court.

If the tenant is on housing benefit and decides not to pay the landlord the rent then as the law stands the tenant can get away with this. Due to data protection act the Local Housing Office cannot confir with the landlord about the tenant and cannot force the tenant to pay the benefit to the landlord.

I feel we are being ripped off by unscrupulous tenants and that they don't have any morals?

What am I do to? How do I recover the money owed if the court bailiff's job is to not trace the tenant?

Chloechloroform

[Guest caravanj]

On the 13th September 2011 the bailiffs arrived at the house to evict the tenants. The tenants had absconded and not left the keys or a forwarding address.

My angst is that having served a section 8 notice on the tenants, been to court - won - been awarded all the arrreas owed and court costs, payed for the bailiff to evict the tenants I am now being told that the bailiff job is to repossess the house and to make sure the locks are changed. I have now lost in effect all the money I paid out to have the tenants evicted. The contract the tenant signed appears to be worthless. If they refuse to pay the landlord rent and then abscond leaving the property empty the court bailiff has no .duty to trace the tenant and recover the debt awarded by the court.

If the tenant is on housing benefit and decides not to pay the landlord the rent then as the law stands the tenant can get away with this. Due to data protection act the Local Housing Office cannot confir with the landlord about the tenant and cannot force the tenant to pay the benefit to the landlord.

I feel we are being ripped off by unscrupulous tenants and that they don't have any morals?

What am I do to? How do I recover the money owed if the court bailiff's job is to not trace the tenant?

Chloechloroform

We are being ripped-off by unscrupulous T's & it's no wonder when there are a raft of agencies such as Shelter which virtually encourage them to do it by advising them of all the legal loopholes.

Your court costs haven't been wasted because by sticking to the correct legal proceedure you've prevented your potentially devious T from suing you for unlawful eviction.

What's the purpose of tracing your T? It'll cost you even more money & it still won't guarantee that you'll get paid because most housing benefit T's haven't got a pot to piss in otherwise they wouldn't be on housing benefit.

[Grampa]

First off you now have your property back which is the most important thing. A court bailiff will not normally chase any debt they will just give you vacate possession. If the tenants were on housing benifit forget trying to collect because you wont get it unless they start working again.

It appears from your email (and i can only go on what was posted) a lot of your problems are of your own making.

1 If you had a home owning guarantor you could be chasing them for any debt now.

2 You chose to take on a housing benefit tenant without knowing the system because you could have:

a Made it a requirement at the start that you would only grant the tenancy on the condition the benefit was paid direct to you.

b The council will discuss all aspects of the benefit claim of the tenant with you if you make it a requirement at the start. (there is even a section in benefit form for the tenant to tick to allow it).

c If a tenant is in 2 months arrears (same as s8) Regulation 95 of the council means you can apply for direct payment.

d Did you have a deposit? If not did you have a council deposit bond)

3 You could have even had rent insurance (Richlist is the expert with that) and some companies allow housing benifit tenants.

4 The contract isnt worthless, it is no differant to any other contract in that you have to enforce it if there is a breach.

I suspect you either managed this property your self to save on fee's from a agent or had a crappy agent who should advised better.

Moving on from this put it down to expirence and a large learning curve that you have had to pay for just the same as any good agent and some landlords would pay for to go on a course.

[Carryon Regardless]

Yep move on and forget it, not all good experience is a good experience.

The basic principle of giving credit (as we do with allowing possession with 1 month down (often) and 2 months + to repossess) is that it's our fault / problem if we don't protect ourselves from default. In reality that's nigh on impossible in 'many' real world situations so we must assess the risks, reduce as possible and then decide if that risk is worth taking.

Be aware that the 'help' as it purports itself to be is a fallacy.

The Bailiff doesn't gain entry at repossession, you do or organise it.

Any 'win' in court for monies is your problem to recover, it doesn't even get paid through the court any more. You may have an award but that doesn't guarantee you will see the dosh there are too many tricks the defendant can pull.

As Grampa, take a home owning guarantor (research the 'Deed' required). You need to be sure there is equity, that the equity remains (2nd mortgage / additional later loans), that the home isn't sold.

I've looked at insurance (RGI) and decided that I would put the costs against losses and take the chance. It isn't just the payment to consider it's the extra admin required to prove worthiness and then hope for payout in the event. That doesn't mean I won't take up the option in future.

You've been disillusioned by the systems and got stung, there's a few of us in that club. Scabby gits win again, no surprise they do have the advantage - nowt to lose.

[Racheltara]

I did have a deposit held with the deposit protection scheme! I rented out the property with references off the tenants including an employers reference. sadly, I did not get a guarantor as a friend of mine new the girl who was going to rent out the house. Everything was done correctly or so I thought until the tenants stopped paying the rent and then claimed that they were in receipt of housing benefit due to them now not working. Later on, because of a change of circumstances - husband had supposedly started working - the tenants claimed they would have to renew housing benefit. I contacted the housing office but with no joy, just to confirm they were in receipt of benefits.

As they refused any contact with me I went the legal route and fortunately my partner has a son who is going to chase them for the debt and he manages a debt collection agency. I don't exppect to get anything back, but as they have done this to other people I've since found out I do intend to get justice and to try and change the system for letting agents and more importantly private landlords.

chloechloroform

[Grampa]

The moral is

Guarantor, Guarantor, Guarantor.

You are not the first this has happened to and nor will you be the last. Learn from it, read up on housing law and become a better landlord. You never stop learning in this business.

You probably think you have lost out here but you haven't you have learned a valuable lesson that could have had a lot worst out come, think of it that way and dont let it eat you up.

[Richlist]

My initial requirement is that an applicant meets the criteria to qualify for rent guarantee insurance. My advice would be to go with RGI first and a guarantor as an alternative.

Failure to meet the RGI criteria will weed out the most unsuitable applicants whereas many that are suitable may not be able to provide a HOME OWNING guarantor.

[Guest caravanj]

I did have a deposit held with the deposit protection scheme! I rented out the property with references off the tenants including an employers reference. sadly, I did not get a guarantor as a friend of mine new the girl who was going to rent out the house. Everything was done correctly or so I thought until the tenants stopped paying the rent and then claimed that they were in receipt of housing benefit due to them now not working. Later on, because of a change of circumstances - husband had supposedly started working - the tenants claimed they would have to renew housing benefit. I contacted the housing office but with no joy, just to confirm they were in receipt of benefits.

As they refused any contact with me I went the legal route and fortunately my partner has a son who is going to chase them for the debt and he manages a debt collection agency. I don't exppect to get anything back, but as they have done this to other people I've since found out I do intend to get justice and to try and change the system for letting agents and more importantly private landlords.

chloechloroform

If you really think you'll get the rules changed to make rogue T's accountable then you're dreaming but I admire your persistence. You will, however, stand a greater statistical chance of winning the Euromillions!!