Adjudicator awarded us a whole deposit

[Irina]

Just though I'd briefly share a good news. I went to you for an advice quite a few times at the end of last year regarding non-paying and avoiding all contact tenant, whom we eventually had to evict with the bailiff. The flat had to be completely renovated and new washer bought. The rent arrears were about £1500.

We tried to start a court case against him but were told that his work address wouldn't be accepted, only his residential address (tracing agency failed to find one). Being as switched on as he was, he would have disputed using his previous residential address. The guy has a well-paid job but what is the use? One client at the court, a solicitor, said that the system was way too old and needing complete revamping. Which we all know.

Then T himself started a deposit dispute, at first offering us a £100 from deposit, then went for adjudication. He was a confident lad, and deposit was out of his brother's money, he told us himself that he borrowed this sum.

He claimed that we didn't have the proof he owed us any money or the date he left, he left a flat in a good condition, we only gave him a week notice to leave, which was against his rights as a T (LOL), he contacted us, but we never answered the phone ............... and something else. I just listed his claims, so that you could have a smile. He provided our e-mails, which were to support his claims (we never even corresponded by e-mail). All other supporting evidence was ours.

We didn't even bother with damage to the flat, knowing that it's a minefield. All our claim was about arrears.

Adjudicator took about a month and was satisfied that T owed us in excess of the deposit, and the money was transferred into our account. Only a small sum, in comparison with the money owed and the rent lost (bailiff came on30th November, which is a dead season). But it was more a matter of principle. It'd be such a kick in the teeth, if T got this money as well. We knew that it happened all the time.

So, here we go. Since then, we're doing comprehensive checks, and agreed that we would never be in a hurry again to fill an empty flat again. Also, we learned that scammers usually look more reliable, warm and "very nice person" way, than honest people. Image is part of their job.

Thanks for all the advice I received on this forum.

Ira

[Irina]

It wasn't that brief, was it? Thank you for reading, if you did.

[Carryon Regardless]

If he is well paid and likely to be able to satisfy a claim in future I think you should pursue.

I really do appreciate the overall advantage of 'life's too short' especially when the outcome is unknown, but it seems you have good reason for optimism.

If he defends at any point he will provide an address, so winning using the last known address, the rental, can have good purpose.

He may attempt to overturn the claim result, but would then need to raise a defence. Now you have additional evidence in your favour.

I'm glad you succeeded with the DPS, maybe you should treat it as a milestone. Get the git.

[Irina]

Cor, and he doesn't defend? He seems to be semi-professional, maybe, short of faking ID documents. So, he won't defend, and then contest that he didn't know about the decision. He seems to know it all (which is not much, anybody with modest intelligence could learn).

Also, he seems to be a person, who jumps from place to place every 6-8months, so with current legislation, as soon as he's traced, he's no longer there. Looks, like he's been doing it for years. He didn't set redirection, and all letters, demanding payment, came to us (too late, yet again). Even copy of the attachment order for Council Tax, sent to his employer a couple of months later (consolidate debt from one of his previous places and ours). Not sure, he's paying it, because all it takes is to contest it, saying that he wasn't aware of the court case because didn't receive any correspondence.

Anyway, life is too good and too short. A shame it's so hard to get a T now. Looks like everybody has become a LL now.

[Carryon Regardless]

I can't disagree as it's a personal choice. I've made similar choices myself. Indeed with the DPS refunding the deposit of the other thread I could pursue in the CC for the rents at least, I should win, but is it worth the effort for £5 per month (been there) ? I've experienced where the sympathy lies in the Rhyl CC already.

In your case there are other factors to consider.

If you don't chase the debt in 6 years he's free of it.

He can defend with ignorance all he wants but the facts should still leave him liable, not without responsibility.

Most people will eventually wish to settle down, good job, good lady, family..... Got 'im.

A friend had a similar style, would never admit openly, but was obvious to me.

Now, several years later he has equity, and a new wife who would like stability. His past should catch up with him (if it already hasn't), just unlucky for her in my view.

I worked under a Supervisor (for a short while). He would brag that he had never paid Council Tax, he didn't stay anywhere long enough to be held to account. Apart from the job that paid him circa £60k. I would be amazed if he hasn't been 'got' yet, I hope anyway.