Irina Posted October 1, 2011 Report Share Posted October 1, 2011 Hello, I am not sure what time is the best to sue for rent arrears from our T, who won't pay but won't leave. We went down S21 route, already received papers from the court, and if he hasn't requested a hearing within 14 days (the last day is 14/09), we'll ask the court to issue an eviction order. Presently, he owes us £1500 in rent only, plus £175 court fee. If we claim arrears, of course we won't include the cost for possible damages, or the latest arrears, either. But at least now we know his address (our flat, sorry, his home). If we leave it till he moves out, we may never trace him. Not everyone has a positive result with tracing agents, despite agent's optimism. Plus, we know only his name, his work address, his position and salary (naive, never been burnt before). He wouldn't give his bank details. So, I don't think tracing agents have a lot to go on, anyway. What would you advise? Can we apply for court order to pay up now, when eviction process is still ongoing? (moneyclaimonline, right?) In case we can do it now, can we only claim for the rent owed till the day of application or also £x for each successive week after (latest date when T has to vacate the property), as well, the same as in S8? Is it N1 form that we should use? Thank you for advice. Link to comment Share on other sites More sharing options...
Grampa Posted October 1, 2011 Report Share Posted October 1, 2011 You can do a mcol now but that wont be the final figure. So do it the day you get possession and the address you use is the last known address which is your property and to my knowledge acceptable to the courts. It is unlikely he will have had his mail re-directed but that is his fault and you should get judgement by default and then you can seek payment through an attachment of earnings as you know where he works. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted October 1, 2011 Report Share Posted October 1, 2011 You can make claim as you wish, but as you indicate you need an address for service, although the last known address is supposedly ok, but if it's your property and he's moved I don't see how that can be correct. If you phrase the claim correctly you can detail rents to a given date and the daily rate at which they continue to accrue. I your claim is for too high a figure but the reasons for claim are true then the adjustment can be made on the day. But if you haven't made claim for something I don't see that you could add it later. My thoughts would be to claim now for the rents owing plus the daily rent detailed, and consider the 'now' unknown such as damage for a later claim. Grampa has the greater expertise here though. Link to comment Share on other sites More sharing options...
Irina Posted October 1, 2011 Author Report Share Posted October 1, 2011 Two different answers. Gosh, what do I do? I'd absolutely love your advice, Grampa, but what if the T claims that he hasn't received the letter/court documents? Also, my understanding is that, first, we have to get a court order to pay up (used S21). Then another case - for attachment of earnings order. Shall we need his residence address for both or for attachment his employer's one will be enough? Thank you both. Very kind of you to help. Link to comment Share on other sites More sharing options...
Irina Posted October 1, 2011 Author Report Share Posted October 1, 2011 Just consulted a solicitor, but not the one that specializes in housing law (so, can be not as clued up as some of you). She said that we need to satisfy the court that the T was served. If we know his work address, we can send one copy to our flat as his last known address, and the other one - to work address. We know for sure that he still works there. Is she right? Will the work address stand in the court? Thank you. Link to comment Share on other sites More sharing options...
Grampa Posted October 1, 2011 Report Share Posted October 1, 2011 I have had judgement for a few ex-tenants after they have vacated and the address used was the rental property. I am sure you can use last known address and if you check elsewhere you will get confirmation. (phone a few debt collection companies as they specialise in that field) The beauty of if means they get a ccj without the chance to defend. Yes I know there all sorts of appeal they could go down once ccj granted but in my expierence not likely. Once you get ccj you could just put it in the hands of a debt collection company who will chase up the attachment of earning. Or do it yourself it is not hard. Link to comment Share on other sites More sharing options...
Irina Posted October 1, 2011 Author Report Share Posted October 1, 2011 Thank you, Grampa! Very kind of you. Fair wind to your bike. And good luck to me. Will let you know how I am faring. What a learning curve for a newbie! T is not a person who lost his job and can't pay, but a lifestyle scammer who moved in and stopped paying and became uncontactable straightway. Single healthy bloke, employed full-time, and far above minimum wage. Link to comment Share on other sites More sharing options...
Grampa Posted October 2, 2011 Report Share Posted October 2, 2011 There is always the possibily the person will leave their job once the A.O.E kicks in, that happened to me once. That why I always try to get bank account details at the start of the tenancy as part of the proof of ID process. That then givesyou another option of getting funds out of thier bank account via the courts. Remember also next time. GUARANTOR, GUARANTOR, GUARANTOR. Link to comment Share on other sites More sharing options...
Richlist Posted October 2, 2011 Report Share Posted October 2, 2011 Remember also next time. GUARANTOR, GUARANTOR, GUARANTOR. ......and/ or RENT GUARANTEE INSURANCE. Link to comment Share on other sites More sharing options...
Guest caravanj Posted October 2, 2011 Report Share Posted October 2, 2011 Since you know his place of work you are entitled to contact his employer & inform them that you are taking county court action for what you regard as deliberate non-payment of rent & that you will be asking the court for an attachment of earnings order in respect of their employee. (ask the employer if they know of any genuine reason why he wouldn't be able to pay). Even if the court won't make such an order it will stir it for your T especially if he's employed in a position of trust. Link to comment Share on other sites More sharing options...
Grampa Posted October 3, 2011 Report Share Posted October 3, 2011 But if not he may leave, but saying that he could as soon as the A.O.E kicks in anyway. Link to comment Share on other sites More sharing options...
Irina Posted October 16, 2011 Author Report Share Posted October 16, 2011 Sorry, gentlemen, haven't seen your replies, needed to take my mind off the whole issue. T hasn't filed a defence (S21), and the time for it has expired. On Monday we'll ask the judge to issue a CCJ. Any idea how long it takes? You advise a guarantor. Don't tenants run away as soon as you ask for it because it's too much bother and makes LL look paranoid? As for rent guarantee insurance, the flat brings a modest income, anyway, and paying for RGI would take a slice off it. As for T leaving his place of work, I wonder if we get lucky because he's been working there for many years, and is not likely to leave because of A.O.E. If he does leave to avoid paying us, he will find it difficult to find another job in current economic climate. Is it really worth it making oneself unemployed? Informing his employer? Won't it be classed as harassment? We got in touch with the employer once, when he canceled his standing order, but said he had no idea what happened. T accused us of harassment. Also, it'll inform T about our plans earlier than we would like. Thank you for your advice. Link to comment Share on other sites More sharing options...
Chestnut Posted October 16, 2011 Report Share Posted October 16, 2011 I would write to employer and explain position (without details and figures) and your intention to apply for CCJ followed by AOE to recover debt. If T has a valued job I would hope employer would be sympathetic and helpful to him. The worst that could happen on this route (it happened to me) is the employer could obtain injunction to stop you contacting them again on the matter. After CCJ review your options carefully - debt recovery costs money - it may just be better to accept the loss, move on, and hope for a better tenant next time. (Advice given to me on this forum.) Link to comment Share on other sites More sharing options...
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