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  • FIRST POST
    • rkc86
    • By rkc86 12th Oct 17, 12:15 AM
    • 27Posts
    • 0Thanks
    rkc86
    Tenant left half way tenancy with 2 months rent owed
    • #1
    • 12th Oct 17, 12:15 AM
    Tenant left half way tenancy with 2 months rent owed 12th Oct 17 at 12:15 AM
    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?
Page 1
    • 00ec25
    • By 00ec25 12th Oct 17, 2:30 AM
    • 5,532 Posts
    • 4,916 Thanks
    00ec25
    • #2
    • 12th Oct 17, 2:30 AM
    • #2
    • 12th Oct 17, 2:30 AM
    Is there a way of getting a CCJ against her?
    Originally posted by rkc86
    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
    • By csgohan4 12th Oct 17, 6:58 AM
    • 4,008 Posts
    • 2,493 Thanks
    csgohan4
    • #3
    • 12th Oct 17, 6:58 AM
    • #3
    • 12th Oct 17, 6:58 AM
    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"
    • Pixie5740
    • By Pixie5740 12th Oct 17, 7:01 AM
    • 11,196 Posts
    • 15,643 Thanks
    Pixie5740
    • #4
    • 12th Oct 17, 7:01 AM
    • #4
    • 12th Oct 17, 7:01 AM
    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 donít want her turning around and claiming that you illegally evicted her.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • anselld
    • By anselld 12th Oct 17, 7:04 AM
    • 5,417 Posts
    • 4,985 Thanks
    anselld
    • #5
    • 12th Oct 17, 7:04 AM
    • #5
    • 12th Oct 17, 7:04 AM
    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
    • By chappers 12th Oct 17, 8:12 AM
    • 2,948 Posts
    • 1,701 Thanks
    chappers
    • #6
    • 12th Oct 17, 8:12 AM
    • #6
    • 12th Oct 17, 8:12 AM
    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
    • By G_M 12th Oct 17, 9:57 AM
    • 42,221 Posts
    • 49,016 Thanks
    G_M
    • #7
    • 12th Oct 17, 9:57 AM
    • #7
    • 12th Oct 17, 9:57 AM
    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
    • By Comms69 12th Oct 17, 10:15 AM
    • 1,212 Posts
    • 1,003 Thanks
    Comms69
    • #8
    • 12th Oct 17, 10:15 AM
    • #8
    • 12th Oct 17, 10:15 AM
    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?
    Originally posted by rkc86
    Yes, find her, issue court papers, win at court, hope she doesn't pay with-in 28 days.
    • G_M
    • By G_M 12th Oct 17, 12:17 PM
    • 42,221 Posts
    • 49,016 Thanks
    G_M
    • #9
    • 12th Oct 17, 12:17 PM
    • #9
    • 12th Oct 17, 12:17 PM
    Yes, find her, issue court papers, win at court, hope she doesn't pay with-in 28 days.
    Originally posted by Comms69
    and hope she does not claim the 3 times penalty.............
    • Comms69
    • By Comms69 12th Oct 17, 12:20 PM
    • 1,212 Posts
    • 1,003 Thanks
    Comms69
    and hope she does not claim the 3 times penalty.............
    Originally posted by G_M
    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!)
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