Our old tenants did 30,000 pounds of damage to our house but we decided to take them to the small claims court, if they didn't have 5k they wouldn't have 30k. After a long process of getting them to admit they knew about all the court cases they refused to pay until I threatened making him bankrupt.
I have just heard from my solicitor yesterday that despite being ordered by the court to pay up [name removed by an LRS moderator] has defaulted on 2 months payments. Although the solicitor has written to their solicitor what is likely to happen now?
Any help or advice would be much appreciated.
Have you done the order for questioning yet, I presume you must have if you have AOE
Next one is a garnishee order.
This will locate any savings accounts, bank accounts; in fact any assets in his name or joint name.
You can then have the court freeze them and they will be paid to you.
You might need a receiver to sort and collect the garnishee order.
Order for questioning as in his out goings and in comings? Yes, we did that although he claimed he had no debts his out goings were 2k more than his intake. I like the sound if the garnishee order, it is more the principal of what they did to our house than money. They used the kitchen for fire wood, took up 2 flights of stair carpet and were growing stuff in our cellar.
Thanks for your help Paul.
We hear this all the time and it is terrible. It makes an absolute mockery of a law that protects tenants if a landlord does not register their deposit and can fine them them 3 times the amount of the rent, Vs a tenant who can commit untold damage to our property for untold amounts of money and not face criminal prosecution.
Quite frankly its a joke and not even a good one.
The sad thing is that we had a letting agent who we asked to go round as we had been tipped off it needed looking at. We had to break in to gain possession of the property and were just mortified at what we found. We had to have the police round because of what was in the cellar. As the letting agents had been sold half way through out agreement with them we had no comeback on the letting agents. The police went to their new house and apparently they are doing the same to their new accommodation. It's not helped that we are overseas so sorting this out is a nightmare.
I have tried to contact a landlord last week who is abroad because a tenant next door contacted us and said his tenant was trashing the property. We sent out a tenant alert but have not found him yet but the situation is dreadful and when he returns he will return to tens of thousands in damage.
We get around 4/5 members joining from abroad every week just so we can keep them in touch if they get problems, but the real issue here is we need to change the law that if you damage property that does not belong to you, you get nicked even if your renting it "simple"!!
I don't understand why the police are not involved in these cases as it is criminal damage. After hand delivery of 3 sets of court papers they did not attend the court cases and then launched an appeal when we said we would make them bankrupt. She even wrote in her statement she accuses me of her miscarriage which is repugnant thing to say and a total lie if she knew nothing of the court case. At the appeal papers she claims also that the dogs were not allowed in the house, moral of that story….lock your facebook down so people can't see your pictures, including ones of her dogs lying on on oak flooring they dug through. The barrister said if they were capable of lying about this what else were they lying about? He was out at work when some papers were delivered but he claimed he had no job. Could just go on and on.
If what they stated in the court at the order for questioning was true, if not that would be contempt of court which is an arrestable offence.
Are you sure you had an order as the order HAS to be served personally, not in a letterbox and an affidavit has to be completed as to how it was served.
A garnishee order gets courts to investigate ALL accounts belonging to these people.
Go on the web; but you might need a solicitor.
If they are not earning then difficult.
But if you have a CCJ you have up to 6 years to enforce a CCJ, have you also done a warrant of execution?
Very awkward doing this from abroad theough you have MCOL facilities.
Don't use normal LA use the ones like upad and discountlettings
And use LRS reference checking with their RGI poilcy.
Having these would have saved a fortune.
Have LL contents insurance in future.
Don't concern yourself with principle just try and get monies back.
Definitely obtain a CCJ just to muck his credit file and possibly register hia rent payment history with Experian; refer to Paul R as to how this might be possible.
Try using the online only LA as they do offer a full service aswell and are not the usual fly-by night wrongun LA.
Do you have any associates that you could authorise to check on the proeprty.
Simple thing to put in an ad is theat before the AST is signed an Electoral Roll form will be signed by all tenants on the AST
Also mention that periodically you will check with the council tax dept the status of the occupants on the register.
Wrongun tenants are crafty and they will phone up and transfer back to your name or say a student is occupying and therfore is not liable for CTax
That is what happened to me but I caught the criminal tenant out.
Said she had moved out and that someone I had never heard of was living there and was a student.
It turned out it was her son and I found her sunning herself on the balcony of the flat she had advised the CTax dept she had left!!
Make sure ALL bills are in a tenant's name, do not trust them to do it.
That is of course if your rent is not inclusive.
My criminal tenant was supposedly going to sue me for a million pounds in the ECHR!!!?
She also advised that I had caused her son to commit suicide, even though the following day the poilce phoned asking if I knew his whereabouts as his social worker was trying to see him again that day!!?
A LA that has quite a good repution and has national coverage is NPG, I have no connection with them.
You can even talk to the owner Glenn if you go on propertytribes.ning.com or property118.com
Don't take on tenant via a LA that does not use LRS and lifestyle referencing or RGI(96.00 per year, for £50000.00 cover per yr per claim!!!, including legal costs!!!!!)
The fact that the Letting Agent was sold does not excuse them from any comeback. The new owners buy the liabilities as well as the assets.
As PaulB says, online agents such as myself, are less likely to do a flit. I tell all my landlords that at least they know where I live, unlike those with fancy swish offices that the customers are paying for.
Soon they will be able to stick you with the water bill as well.
That sounds like a great new insurance cover Lyndon knowing where you live..lol. Could be a new Insurance cover "if your Agent lets you down we can send the boys around landlord insurance" .
Now I know our Mr Barratt will buy a few of those policies
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