Tracing ex-landlord

jaype

Can anyone help - I am running out of ideas! Basically, nearly 3 years ago we moved out of our old flat and the landlord kept the deposit. I got a CCJ against him, but before the baliffs could go round he moved flat (he had been living in a housing association property despite having numerous BTLs in SE London :mad: ) The first time the baliff went round he pretended to be his own brother and said he'd gone abroad! By the time I could get the baliff to go round again he'd been re-housed (the HA were knocking down his old flats). Since then I've been trying to trace him but have failed. The address he gave us on our tenancy agreement belonged to his girlfriend and has now been sold. We also found out that our flat had been 'sold' for a knockdown price to his girlfirend halfway through our tenancy while we were living there (not that he told us this...). Needless to say he was still collecting our rent. She has since sold the flat to his daughter. Sounds like a big tax evasion scam that, if all else fails, I will report to the IR. However, I'd still like my money back! If anyone can think how to trace him I'd be grateful...

silvercar

how much money are we talking?

It could easily cost you more to get the money off him, with no guarantee of success.

At least he has a CCJ which will affect his credit record.

jaype

Well, the deposit was £600, and now with interest and so on he owes us around £1000. At the time we left the property I was working part time after maternity leave and my husband was doing a PGCE so we got our county court costs paid. So far I have tried stopping his bank account (had nothing in it), we also had an order to make him come to court and disclose his finances but it couldn't be served as he moved. Plus the baliffs order could still be used at no extra cost as it is dormant.

scrummy_mummy_2

Before I begin, I must state clearly that I am completely aware that my first comment is neither constructive, nor helpful....although I will try to come up with some suggestions on how he can be traced when I have finished making an observation.

So....how do we all think that ANY of the new tenancy deposit schemes are going to affect this sort of LL then?...the exact type of person they are supposed to regulate. He doesn't give a monkeys....big deal, he's got a CCJ and bailiffs have been sent in twice. Bovvered, bovvered, face bovvered.
Clearly not. If he isn't going to pay back one deposit, does anyone think, even with a court order, he's gonna pay 3 times the deposit for not registering a deposit received in one of the appoved schemes!!!????
Give me a break.

Rant over.

On a more positive note:
Here's some (maybe) helpful thoughts.
1. If you suspect he may still live locally try electoral registers...public access docs.
2. Again, if you suspect he lives locally, visit local 'haunts' like pubs/clubs/DHSS offices (if people still have to go in person to claim benefits etc) anywhere you think he may frequent. Stake him out.
3. Try searching for him on friends reunited
4. Google him...or try using the web to find him. Try https://www.192.com
5. Go through phone book...might have a registered land line?
6. Employ a private detective....bit over the top and pricey probably.
7. Consider giving up and putting it down to experience...life is too short to keep shaking some bones. Even if you find him, is it likely he will pay even if the bailiffs find him in? Putting more money in to court action/bailiffs etc is probably going to consume valuable resources both in terms of your time, emotion and effort....is it worth it to gain a 'hollow' victory? You may also get hurt in the event you actually track him down or corner him.

jaype

That's why it's taken so long - basically I decided that it wasn't worth my energy. And why I might leave it to the Inland Revenue, especially as they are having a blitz on dodgy BTL. I'm sure they could trace him through his daughter if they really wanted to... I agree about the deposit scheme. They need to toughen up. If someone took £600 from me in any other way then they'd call in the police. here, however...

jaype

oops - problem with computer

devils_advocate

Go for the HMRC route. They have a lot more powers than you could ever have through your county court, and they also have the financial muscle to spend the time tracking him down. If he lies by pretending to be his brother, he could even be living rent free for a time.

And if he's selling BTLs and not paying cgt, its going to cost him. seriously. So if you see him begging in the street in a few years, you can always say "if only you'd given me that £600 deposit."

jaype

That's what I thought - I'll get him back somehow! I hear HRMC can be very vindictive. I just hope he's got all his receipts in order

franklee

scrummy_mummy wrote:

So....how do we all think that ANY of the new tenancy deposit schemes are going to affect this sort of LL then?...the exact type of person they are supposed to regulate. He doesn't give a monkeys....big deal, he's got a CCJ and bailiffs have been sent in twice. Bovvered, bovvered, face bovvered.
Clearly not. If he isn't going to pay back one deposit, does anyone think, even with a court order, he's gonna pay 3 times the deposit for not registering a deposit received in one of the appoved schemes!!!????
Give me a break.

Yes the schemes will help because the tenant will know early in the tenancy that the deposit isn't registered. This gives them a chance to either make sure the deposit is registered or take some action against the landlord. If all else fails they could withhold the last months rent. Forewarned in forearmed.

jaype, sorry that's a digression. I can't think of anything else to help you, I only wish I could . Of course if you ever find out he owned another property you can get a charge put on it, but I guess you've thought of that already. I just wonder if there is any way to trace him via his daughter, she must visit him I guess and vice versa. Do you know his car details may help to see if you can spot it parked outside a suspected address. Do you know anything about his Job, could you get an attachment of earnings, or does he run any businesses in which case you may find something at companies house, company search or directors search. Did he use an agent for the tenant find and do they know anything? Did you hear of any other rentals he had, if so what address do those tenants have?

Anyone with access to inside information would probably trace him so worst case you could sell the debt on. You won't get much for it but at least it will be collected so he'll have to pay someone even if it's not you.

clutton_2

""""Basically, nearly 3 years ago we moved out of our old flat and the landlord kept the deposit.""" - check out if you are near being time-barred on this

scrummy_mummy_2

franklee wrote:

Yes the schemes will help because the tenant will know early in the tenancy that the deposit isn't registered. This gives them a chance to either make sure the deposit is registered or take some action against the landlord. If all else fails they could withhold the last months rent. Forewarned in forearmed.


So, you've just rented your flat and found out your deposit isn't protected.
You ask your LL to register it...he refuses. You go to court and "take some action" He refuses to comply and does what above LL has done keeping your deposit.....
I disagree that the new schemes will regulate such behaviour...but hope one day I am proved wrong, either way I'm sure this is the just the beginings of a long running debate.
I think at best, the schemes will help to reduce and resolve the issue of petit deposit deductions and the issue of witholding deposits for long periods and the resultant disputes between LL/and agents and tenants over such deductions for often questionable reasons. On a grander scale I think it will have little real effect in dealing with the people the Government are trying to reign in, such as the OP's ex landlord.
It will introduce another tier of legislation into an already regulated market where, like any market, there are rougues. Good people comply, bad ones don't...fact of life.
A good analogy is car theft....it is already illegal to steal cars, drive with no insurance and no licence, but it happens all the time. Criminal law prosecutes and removes the individual's licence (if indeed they had one!) and bans them from driving for a period of time....does this stop them stealing cars????? The landlords causing BIG problems are the car thieves here!
There will always be a core of rogue LL who take cash deposits, do not register them and then refuse to give them back. Unfortunately it will continue to be unwitting tenants who cop the fallout from this.
If you read tens of posts a day on this very forum, tenants often post VERY basic questions about their rights when dealing with LL's....without a huge public information campaign how is the renting Joe public supposed to know the ins and outs of this new legislation when many honest landlords don't even have a clue?!
The Government can legislate itself inside and out but do you honestly believe that recourse through the courts for tenants who rent from these people is going to be effective????
The OP has already done it all...won and still no result.
(I'm not saying it won't be effective in SOME cases, just not in this type!)

My belief is that there should be a national register of private landlords, like there is in other professions which one MUST join BEFORE you can rent your property and in order to be accredited you should have to attend a basic law for lettings course and join an association...after all, we are dealing with people's lives.
For example, to practice any sort of healthcare in the UK privately, you need to be registered with the Healthcare Commission....they have an interactive website you can type the registration number of your chosen specialist into and it will tell you if they are actually registered...simple!