Landlord owes Deposit 12 months on...

pinkystan

I'm new to MSE forums so bear with me if I'm not doing this right...

My boyfriend's landlord for his previous flat didn't put his deposit in a bond scheme when he moved in. The property was initially let by a letting agent, and so the deposit was actually paid to them, but once the contract was signed all management of the property shifted to the landlord himself (I think they must have only acted in an introductory capacity).

After much chasing to get proof that the deposit had been placed in a bond scheme to no avail, eventually my boyfriend got bored and stopped chasing. The landlord was terrible at getting stuff done, such as furniture that had been agreed to be removed prior to moving in, and replacing broken electricals etc, so a lot of work had to be done by us.

Two years later my boyfriend moved out and followed the procedure in the contract for informing the landlord (i.e. one month's notice). We cleaned the flat beyond recognition so that there would be no comeback from a 'wear and tear' point of view (which was more than the previous tenants did - it was filthy), and awaited the deposit.

It never came. He paid £150 pack (still £500 short) about two months later and promised to pay the rest as soon as he had new tenants in (again, proving that he never had any intention of treating the deposit as he should have), but eventually we found out from a neighbour that he had moved in himself.

My boyfriend went through the small claims court (via the online system) and got a CCJ against him, however now that it's got to the bailiffs stage, we've had 3 updates since December saying that he's not answering the buzzer or door (why would he?!).

My friend owns the flat below him and has informed me that he owes almost 4 years' worth of management fees (approximately £3k) so it looks unlikely he's going to pay us back.

We're buying our first house and now the amount he owes including court costs is what would cover our conveyancing fees, so it's really starting to grate.

Once the bailiffs have no luck, what happens next? Any advice would be gratefully received!

Thanks and sorry for the long post.

princeofpounds

The courts produce a number of leaflets on how to enforce a CCJ. These are available online but I can't find the address just now. You have a number of further options:

- put a charge on the property. Unlikely that you will get paid short term but he couldn't sell with you there.
- apply to freeze and then take money from one of his bank accounts, if you know the number
- apply to take money from his wage packet, if he has an employer
- ask for him to attend court to disclose personal financial details
etc.

You will have to pay more fees as part of the process, but you can make enough of a pain of yourself and maybe get lucky. Also keep bothering the bailiffs for updates.

pinkystan

We've tried the 3rd party debt order (second option) as we have his bank details from when my boyfriend paid his rent, but once we'd applied we found out you have to time it perfectly, i.e. just after his wages (if he has any, which is doubtful) go in, so haven't heard a peep from anyone and that was a month ago.

Thanks for your help though - will keep trying the bailiffs.

It just seems so unfair!

may_fair

Try one of the other enforcement options suggested by PoP; a charge on the rental property should, eventually, get results.

And if you apply for an Order to Obtain Information, and get info on LL's financial situation, that could help.

Last resort option is to issue a statutory demand (which basically threatens to make the debtor bankrupt, but you have to proceed to make this happen - could be enough of a threat, though, to make LL pay up).

Bailiffs are notoriously ineffective, so I wouldn't bother to keep trying.

Trollfever

may_fair wrote: »

Try one of the other enforcement options suggested by PoP; a charge on the rental property should, eventually, get results.

And if you apply for an Order to Obtain Information, and get info on LL's financial situation, that could help.

Last resort option is to issue a statutory demand (which basically threatens to make the debtor bankrupt, but you have to proceed to make this happen - could be enough of a threat, though, to make LL pay up).

Bailiffs are notoriously ineffective, so I wouldn't bother to keep trying.

A Statutory Demand can be a very effective way of enforceing a CCJ, but the debt must be more than £750.

pinkystan

Trollfever wrote: »

A Statutory Demand can be a very effective way of enforceing a CCJ, but the debt must be more than £750.

It's exactly £750 now with court fees so I'll look into this - many thanks.