PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Tenant left half way tenancy with 2 months rent owed

Options
rkc86
rkc86 Posts: 37 Forumite
First Anniversary Combo Breaker
in House buying, renting & selling
So basically I had a tenant who left half way through her tenancy with 2 months rent owed. Her deposit was returned as I was sent a solicitors letter to pay back plus 1.5 times her deposit for not putting into a scheme, silly me. She has taken my cooker and changed the front door locks. I had to kick the door in to get in.

She has changed her number and I have no way of tracking her. Going through threads, it may be a waste of time & money taking her to courts to get what's owed.

Is there a way of getting a CCJ against her?

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    Options
    rkc86 wrote: »
    Is there a way of getting a CCJ against her?
    I assume you realise that "CCJ" stands for County Court Judgement, so I leave it to you to work out the answer to how to get one...

    despite what the TV would have you think, it is actually relatively hard to genuinely disappear if you set a decent private investigator on her trail.
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Options
    expensive lesson for you being a LL. I would suggest reading G_M's guide on LL and I suspect you got off lightly. Some tenants can stay on for 1 year plus waiting for you to evict them and getting bailiffs, that would be more expensive


    Your ex tenant was a professional rip off tenant
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Why did you have to kick the door in? Surely it would have been more sensible and caused less damage to phone a locksmith.

    When you kicked the door in had the tenancy officially been ended by the tenant a court or mutual surrender?

    Yes the tenant has done a number on you but you need to tread carefully and do things by the book. You don’t want her turning around and claiming that you illegally evicted her.
  • anselld
    anselld Posts: 8,280 Forumite
    Name Dropper First Post First Anniversary
    Options
    If you succeed in suing for 2 months rent (unlikely) she could still counter-sue for up to 3x deposit for non-protection. She can do so up to six years later and the fact that you have returned the deposit makes no difference.

    Keep you head down and do it right next time.
  • chappers
    chappers Posts: 2,988 Forumite
    Options
    sounds like a professional tenant, if she genuinely has disappeared then probably easiest to just suck it up. But as suggested do tread carefully as the tenancy probably hasn't technically ended, alarm bells would be ringing especially as the locks have been changed.
    Has she left any of her possessions there.
    Hopefully all will be OK, but one to chalk up for future reference.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    You paid her 1.5 times the deposit ? Presumbly because you feared being sued and forced to pay 3 times?

    Firstly, you could then have counter-claimed for the rent owed (2 months!).
    Second, you could also have counter-claimed for the damage (though why you vandalised your own properrty is a mystery).
    Third, you could have counter-claimed for rent up to the end of the fixed term as tenant left early (or was that the 2 months owed?).
    Fourth, the court might well hve awarded the tenant less than the maximum 3 times deposit penalty given the other circumstances (though this is uncertain).

    Sounds like
    a) you have little idea what you are doing as a landlord (see link below) and
    b) thhe tenant knew exactly what she was doing and is far more professional than you.

    Move on. Don't stir things up further. Learn lessons and register the deposit properly next time!


    ** Tenancies in Eng/Wales: Guides for landlords and tenants This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

    Topics covered:

    * Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

    * Deposits:     payment, protection and return

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    * Rent increases: when & how can rent be increased?

    * Repossession: what if a LL's mortgage lender repossesses the property?

    * New landlords: advice, information & links

    * Letting agents: how should a landlord select or sack?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    rkc86 wrote: »
    So basically I had a tenant who left half way through her tenancy with 2 months rent owed. - Use a tracking service to find her. Her deposit was returned as I was sent a solicitors letter to pay back plus 1.5 times her deposit for not putting into a scheme - just because you received a solicitors letter? Crikey I can pay a solicitor to claim whatever I fancy! Why didn you get legal advice? , silly me. - yes very silly, but you had a valid counter claim! She has taken my cooker - proof? and changed the front door locks. I had to kick the door in to get in. - Why not get a locksmith?

    She has changed her number and I have no way of tracking her. - use a tracing company Going through threads, it may be a waste of time & money taking her to courts to get what's owed. - maybe, what were her circumstances?

    Is there a way of getting a CCJ against her?

    Yes, find her, issue court papers, win at court, hope she doesn't pay with-in 28 days.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    Comms69 wrote: »
    Yes, find her, issue court papers, win at court, hope she doesn't pay with-in 28 days.
    and hope she does not claim the 3 times penalty.............
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    G_M wrote: »
    and hope she does not claim the 3 times penalty.............
    Absolutely! need to do some maths as to what is likely - it seems the OP paid out 1.5 times the deposit already - hopefully in a properly drafted full and final settlement agreement in regards that claim (but goodness knows what was actually agreed!)
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards