Advice please - being properly done over :-(

may_fair

TitchTori wrote: »

I have a married couple in my house. They split up and he stayed in the house. He stopped paying the rent, i eventually got him evicted and he had trashed the house to the point of needing to have walls repainted, doors rehung, and all new carpets - there had even been dog poo on the floor of one of the bedrooms. In all i lost out by £6k.

Had to pay to search for him, took him to court, won the maximum £5k i could take him to court for and then had to go for an attachment of earnings - this is now 2 years into it.

Was this a joint tenancy with both husband and wife named as tenant on the contract? If so, is the wife employed? (because you could claim against her assuming she didn't serve notice to quit when/if the tenancy had become periodic).

If not, remember that you have at least six years to enforce the CCJ (and probably longer if you apply to have it renewed after six years), and if the husband has been employed in the past, there's a reasonable chance he'll work again. You can use a tracing agent such as http://www.findermonkey.co.uk/ to track him down.

sonastin

mchale wrote: »

So its ok to data protect a criminal who steals a LL's income, to hell with DP name & shame the little !!!!, you might save another LL the hassle you have had.

Regardless of your own opinion of the DPA, it's law. So, in the same spirit, to hell with the next LL - protect your own a$$ from prosecution and don't name and shame until the debate about data protection is settled.

TitchTori

may_fair wrote: »

Was this a joint tenancy with both husband and wife named as tenant on the contract?

She didn't get her name taken off the tenancy so technically I could chase her for the payments - but i just don't think i can bring myself to do that because really it's nothing to do with her. Don't get me wrong though, it crosses my mind every so often!!

Thanks for the link to finding him again. I had a trace done to find him before but that was when i was using Landlords legal firm, but i started doing it on my own about a year in when i felt i was paying the money but not getting the service because i was small fish for them.

poppysarah

TitchTori wrote: »

She didn't get her name taken off the tenancy so technically I could chase her for the payments - but i just don't think i can bring myself to do that because really it's nothing to do with her. Don't get me wrong though, it crosses my mind every so often!!

.

She is your route to him.

Do her for the money and she'll kick his rse until he gets you the money.

TitchTori

poppysarah wrote: »

She is your route to him.

Do her for the money and she'll kick his rse until he gets you the money.

I did think that - just don't want to punish another innocent party in this, but you are right, she could be my route to him.

may_fair

TitchTori wrote: »

She didn't get her name taken off the tenancy so technically I could chase her for the payments - but i just don't think i can bring myself to do that because really it's nothing to do with her. Don't get me wrong though, it crosses my mind every so often!!

I totally understand why you feel like this, but the wife signed the contract, too, so it's really not 'nothing to do with her'. She knew what she was signing up to and she is just as legally liable for rent as the husband, and, as poppysarah says, if you go after the wife you can be sure that she will be the best enforcement method against the husband that you could wish for.

It may not seem fair to pursue her, but it's much more unfair that you should be left £6K out of pocket. Letting property is a business, not a charity, and you need to be business-like about this situation.

pinkshoes

I would go after the ex!! I know she's an innocent party in this, but legally it was also her responsibility, so perhaps she'll also help you to track him down and get some money out of him!

Or, if you get money out of her, it's then up to her to chase him for the money!

tbs624

poppysarah wrote: »

She is your route to him.

Do her for the money and she'll kick his rse until he gets you the money.

Not necessarily. Whilst I agree that the former Ts partner may be jointly liable, depending on the circumstances, (see posts 8 and 11) if she left the relationship due to DV she may be unlikely to want to seek him out so the OP would have to feel able to pursue her regardless, always assuming that she herself has an income making it worth the OP's while.

My own thoughts would be to concentrate on pursuing the husband as the CCJ against him is already there - the fact that he has left one place of employment does not mean that he won't shortly surface elsewhere. Tracing agent is the way to go and social network sites often prove very helpful.

hazyjo

You are an innocent party too. Don't see why you should fork out. I'd chase her (reluctantly too, but it's not right that you foot the bill, and it sounds like she is as liable for that debt as him).

Jx