ARD Posted March 19, 2013 Report Share Posted March 19, 2013 Our tenants vacated just before the bailiffs arrived so got the scumbags out but they owe us over £4k in rent. The request for warrant of possession of land (N325) and the Order for Possession(N26) are the two pieces of paper we have after the hearing date (Are any of these CCJ's or is that something else?) Question to the forum is how do i enforce this? I do not know where the tenants have moved to so presume I have to pay for a search to locate them, and then what once they are located? Main objective is to go after them , their possessions , their earnings but any advice on how I can go about this will be appreciated. Thanks Link to comment Share on other sites More sharing options...
Grampa Posted March 20, 2013 Report Share Posted March 20, 2013 Did you get possession via s21 or s8? If s8 you are likely to have a ccj for the rent arrears as well. If not you need to use the small claims route to get a ccj againt the former tenant and you should be able to use the tenants last known address which is the tenancy. Link to comment Share on other sites More sharing options...
ARD Posted March 20, 2013 Author Report Share Posted March 20, 2013 Thanks, we got possession thru s21, so i presume that i would need to go through the small claims route to get a CCJ even though i do not know what their current address is? Link to comment Share on other sites More sharing options...
Mortitia Posted March 20, 2013 Report Share Posted March 20, 2013 ARD - wait a few weeks for the debtors to start leaving a 'paper trail' as to their new address and then use a tracing agency to locate them - try www.findermonkey.co.uk or similar. They charge something like £50 but only if successful. Once you have the address then start county court proceedings or do moneyclaim online which is slightly cheaper. Link to comment Share on other sites More sharing options...
ARD Posted March 20, 2013 Author Report Share Posted March 20, 2013 Mortitia/Grampa - thanks both. Just another bit of guidance please. Once I find them, and go thru the moneyclaim process, what happens next, does that result in a CCJ which then I can enforce through the courts, does that result in a court ordering their employer to pay me for instance. I do know where one of them works, have the full address. The information I have around these people is their previous address, NI numbers. I know the letting agent too has a lot of information but unfortunately this particular agent is a scumbag too (found out later that the previous director of the agents has a criminal conviction and is on the run) and the current director is his cousin or something, operating under a different name. But when i asked the agent for information he brings up data protection. Link to comment Share on other sites More sharing options...
Mortitia Posted March 20, 2013 Report Share Posted March 20, 2013 Yes you should get a CCJ for the rent debt and you could apply for an 'attachment of earnings'. Google it as I am not up to speed on that one but the judgement alone will 'encourage' the debtor to pay or find all sorts of doors closed to them. Using Findermonkey - the more detail you can give them the easier it will be for them to get the right person - especially good with common names. In general when letting I try to get as much info from the tenant as possible - inlcuding copy of passport and N I number just in case I get into this situation. Add that to your requirement list on getting new tenants. If using an agent insist you have a copy of the references so you can see who the employer is. Your letting agent situation is all too common unfortunately. Link to comment Share on other sites More sharing options...
Geezah Posted March 20, 2013 Report Share Posted March 20, 2013 As the landlord of the property, you are the Principal and as such you own all copies of correspondence between all parties relating to your property. End of. Your agent has to supply you with copies of the information.....nothing to do with Data Protection. Link to comment Share on other sites More sharing options...
Grampa Posted March 20, 2013 Report Share Posted March 20, 2013 Your agent has to supply you with copies of the information.....nothing to do with Data Protection. You are quite right but a lot of agents (normally the mickey mouse ones) wont give it out. Link to comment Share on other sites More sharing options...
Chestnut Posted March 21, 2013 Report Share Posted March 21, 2013 Ard, Bear in mind that chasing your money through court (CCJ etc) will cost various fees and even if you win the debtor may not have resources to pay. Advice some years ago from this site was, go for CCJ, but then regarding enforcement consider is it worth the stress of waiting for the monthly drop through your letter box of an envelope with a few quid, and what do you do when it stops short, if it ever started? Best to write off and move on! Re. Contacting employer - when I tried that route I received back a swift court injunction not to contact them again about that (ex) employee! Good luck! Link to comment Share on other sites More sharing options...
Grampa Posted March 21, 2013 Report Share Posted March 21, 2013 I always request as part of any referancing bank statements as proof of income. But there is another reason which is I could go for a 3rd party debt order if I get a ccj against them and I know their bank detail. This means for a 100 quid you can claim the amount owed (plus fee) direct from their bank without prior notice to them. The downside is if they dont have any funds in the account you wont get anything but i guess as long as they have at least £100 you get your fee back. I havent done this yet but I know a couple of people who have. I have an old ccj (2009) for 600 quid which I am think of using the 3/P/D/O for the first time. I will post the outcome. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted March 22, 2013 Report Share Posted March 22, 2013 If an A refuses to give information you are entitled to would it then be reasonable to sue them (County Court) for the money they are preventing you recovering ? Link to comment Share on other sites More sharing options...
Grampa Posted March 22, 2013 Report Share Posted March 22, 2013 Good question but I guess a well worded solicitors letter and or letter before action and the requested doc's would be sent out that day 1st class. Changing the subject slightly my daughter has just has a mob phone confiscated for using it in class and it was left in a locked class room which other people had access to. The school are being a bit tricky about replacing it so I am about to send a letter before action to the school naming the school and the teacher as defendants. That should get them going. Link to comment Share on other sites More sharing options...
Richlist Posted March 22, 2013 Report Share Posted March 22, 2013 The school are being a bit tricky about replacing it so I am about to send a letter before action to the school naming the school and the teacher as defendants. That should get them going. Maybe you (she) aren't entitled to a replacement and will only receive the current 2nd hand value......which might be a fraction of the cost of a new one. Link to comment Share on other sites More sharing options...
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