Tenant has disappeared owing thousands

alared

kissjenn
My brother had the same happen to him a couple of years ago.
His tenants were married with two kids but it didn`t stop them running up a big debt and doing a bunk.
Only "good" thing about it was that no damage was done to the property,which isn`t always the case.
He lived quite a distance from the property and was unable to "drop-in"to see how things were going.
Spoke to them often on the phone but they can tell you any old thing.
Also have a friend who runs a small letting business and you wouldn`t believe the stories she can tell about tenants.

Jowo_2

I'm aware about attachment of earnings whereby enforcement of judgement can be made by making the employer pay the debtor (not sure how this works in Scottish law and not sure of how it specifically operates).

However, dodgy tenants that are pursued this way, I assume will change employer, work cash in hand or become self-employed to evade this.

Once you get a CCJ on him (or Scottish equivalent), at least it will hit his credit rating and stop him getting credit for all the goodies he enjoys.

Did you undertake full tenant screening on him, including credit check, as an initial tenant and then verified his income before switching from joint to single tenancy?

You haven't mentioned if there is an inventory which is key to justify any deductions from the deposit or damages. Without proof of the condition of the property on entry, it is hard for a landlord to demonstrate the tenant is responsible for any changes during their tenancy.

kissjenn

Jowo wrote: »

Did you undertake full tenant screening on him, including credit check, as an initial tenant and then verified his income before switching from joint to single tenancy?

You haven't mentioned if there is an inventory which is key to justify any deductions from the deposit or damages. Without proof of the condition of the property on entry, it is hard for a landlord to demonstrate the tenant is responsible for any changes during their tenancy.

Credit checks, inventory etc all done. Leases, AT5s, Standard Letters all issued. We factor ourselves and met him repeatedly, we knew he would bunk and we couldn't stop it. Very sad state of affairs.

Flat will be photographed before joiners start work also Notice to Quit has list of outstanding repairs he is responsible for so all this will be given as evidence in court. As lease also states that deposit may be held towards any rent arrears and he owes £2000 then deposit is gone forever.

Primula

What a pain. Might be worth thinking about using an Agent in future? I know you have to pay a factoring fee of around 10 to 12.5% but they would put action in place long before a huge backlog of rent builds up. Good Agents would be on top of it as soon as the first month was late so it might be worth thinking about?
Good luck though. I think you might need it tracking him down and then getting anything out of him. Might have to put this one down to a bad experience, but definitely worth a try.

eco-friendly_2

Guarantor has no standing in law. Been bitten by this one before. You have to have the tenant declared bankrupt before you can go after the Guarantor in Scotland. Guarantor may give you some emotional leverage eg a parent but nothing else.

Who told you that? that is not the law in Scotland !


If the document is legally written under Scottish law signed and dated properly , it can be used in pursuance of a claim in a Sheriff Court.

mchale

kissjenn wrote: »

Thanks HtheH

Unfortunately guarantors here are as much use as chocolate teapots!!

Sorry have to disagree, you can use a guarantor as a form of referencing, I have had quite a few tenants who have wanted to take my properties & once I explain about a guarantor you would be surprised at the number who can not get some one to act as a gua, now bear in mind their family/friend's know that person better than you & if they wont act as gua for that person do you really want them as a tenant, also as others have said always get 2 forms of ID ideally passport, driving lic or NI num.

Nosht

Previously had to take debtors to court, even with a judgement against them its practically impossible to claw back money.
Throwing good money after bad but mind you, long term could be worth the wait.
Just put the loss against profits & learn from this.
In reality it is expensive, very difficult & a lot of trouble to squeeze money from someone who won't/doesn't want to pay.


Regards,


N.

theartfullodger

Nosht: OP's tenant is Scottish

The great thing about Scottish Law is that the decree stays valid for 20 years, with the debt found by the decree increasing @ 8% pa (Where else can you get that sort of return?).

Cheers!

Lodger

sooz

I know you are in Scotland, so this may not apply....

But, was the LHA paid direct to you or to him?
In England, if LHA is claimed fraudulently, & has been paid direct to the LL, they claim it back off the LL.

bumpoowee

mchale wrote: »

Sorry have to disagree, you can use a guarantor as a form of referencing, I have had quite a few tenants who have wanted to take my properties & once I explain about a guarantor you would be surprised at the number who can not get some one to act as a gua, now bear in mind their family/friend's know that person better than you & if they wont act as gua for that person do you really want them as a tenant, also as others have said always get 2 forms of ID ideally passport, driving lic or NI num.

Just because somebody doesn't want to be their guarantor proves nothing. Why would anybody else want to be liable for somebody elses expenses?

Guarantors should be a last resort for VERY dodgy tenants, you can always spot a cowboy landlord as they will always ask for guarantors regardless.