Owed Rent from Tenant advice?

buckman

Can anyone help or point us in the right direction of collecting outstanding landlord rent from a tenant?

The tenant has now left, but knows (we have handed him in person what is owed) outstanding rental payments, plus damages to the property.

Whats the legal stance on this?

We have now given them 14 days to pay whats owed (after numerous correspondence) but what then?

We have been told that we can apply for a CCJ against the tenant?

What legally is the next step, as this may happen alot, with a tenant leaving with outstanding rent and damages owed (above the deposit)

G_M

1) letter befroe action

2) Moneyclaim online

3) obtain judgement

4) chase payment of judgement

5) if unpaid, court records CCJ

marksoton

The fact you're even asking the question makes me think you've not discharged your responsibility as an LL.

AnnieO1234

Not trying to sound awkward but the chances are that the tenant has no assets (they're a tenant in the first instance so no way of getting a secure charge usually), you'll end up paying out court fees/bailiff fees and then potentially end up in a situation where they have ZERO funds to pay you back. And if they have anything at all it may be at a cost of 2p per month. xxx

G_M

AnnieO1234 wrote: »

Not trying to sound awkward but the chances are that the tenant has no assets (they're a tenant in the first instance so no way of getting a secure charge usually)x

That's a huge assumption. I've no idea of the statistics, but many tenants do have assets, and a Charge on property is only one way to enforce payment.
If they work, there's an attachment of earnings for example:

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

Even if enforcement does take a long time due to the court setting a low monthly figure, there's also a moral issue. If LLs just write off debts then tenants 'get away with' not paying rent.

And a CCJ for non payment may not bring cash to the LL, but does make sure the tenant understands that rent is a legal obligation.

AnnieO1234

G_M wrote: »

That's a huge assumption. I've no idea of the statistics, but many tenants do have assets, and a Charge on property is only one way to enforce payment.
If they work, there's an attachment of earnings for example:

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

Even if enforcement does take a long time due to the court setting a low monthly figure, there's also a moral issue. If LLs just write off debts then tenants 'get away with' not paying rent.

And a CCJ for non payment may not bring cash to the LL, but does make sure the tenant understands that rent is a legal obligation.

Tenants who are already in trouble with their rent are unlikely imho unless they are serial debtors to have significant assets.

It all depends on whether the landlord can afford to pursue this, both money and stress.

A lot of people unfortunately think "oh I'll go to court and make them pay, it'll be easy and I'll get all my money back" but often they end up throwing good money after bad.

xxx

fishpond

AnnieO1234 wrote: »

Tenants who are already in trouble with their rent are unlikely imho unless they are serial debtors to have significant assets.

It all depends on whether the landlord can afford to pursue this, both money and stress.

A lot of people unfortunately think "oh I'll go to court and make them pay, it'll be easy and I'll get all my money back" but often they end up throwing good money after bad.

xxx

As a LL, I feel it is worth every penny spent.
It doesn't happen to me very often, but it happens.