Owed rent by tenants

kickgirl

Hi
Not sure if this is the right board. Please let me know if it isn't.
A friend took out a section 8 against a tenant and judgement was granted for eviction and to pay their arrears . They have now left the property but have not paid. It took months to evict them. My friend applied for earnings attachment order which was dismissed on the basis that they didn't have enough disposable income. My friend wants to dispute this as there doesn't seem to be any proof backing up her claims of out goings. There are 16 days to dispute it. Also the address on the form was incorrect.
So what are the options available now?
They owe about 8k but work in low wage jobs. Credit checks etc were carried out beforehand.
Does the EAO dismissal mean that nothing can be done now? What about high court enforcement agents or small claims court?
My friend is willing to accept up to half of the debt and write the rest off or arrange a payment schedule.

Thanks.

pinkshoes

If they both work low wage jobs then chances are they do not have enough to pay.

Probaby to worth chasing it...

Although I think you can try and bankrupt them???

kickgirl

Ok. Will bankrupting them get the money back?
Thanks

G_M

Sounds like whatever you do, geting the £ is unlikely. You might get an order for £5 a week for the next 20 years, but that would soon stop coming.

And the court fees would keep mounting.

Having said that, I can see that you'd want to pursue this both because it's a significant amount , and letting them off will leave a and taste in the mouth....

Afraid I can't help procedurally. You've done the obvious - attachment of earnings. You could ask oficials if there's an appeal process. They can't give legal advice but can help on processes.

What do you know about them? Jobs? Can you prove they have earning other than those declared? I assume they have no property to place a Charge on..... :rotfl:

If you know (or can fond out) their bank details, you can apply for a 3rd party debt order and get their bank to pay. Assuming they have money in the bank..........

But sometimes you just have towalk away.....

G_M

kickgirl wrote: »

Ok. Will bankrupting them get the money back?
Thanks

If they have sufficient assets, which the Official Receiver can find and sell, then yes.

If not.......

On the plus side, itmeans they won't get credit for years, any future landlord will spot the bankrupcy when vetting them, so you'll have the satisfaction of makig their lives tougher, andprotecting others.

pmlindyloo

Have a read of this link:

http://www.landlordlawblog.co.uk/2014/10/20/if-your-tenants-leave-owing-you-money-what-can-you-do-to-get-this-back/

I am hoping that it is up to date information - perhaps someone can correct anything that has changed.

Cakeguts

We always go for a CCJ even if we know that we won't get any money back. It helps other landlords to see this when they run checks so that those tenants can be avoided.

Guest101

kickgirl wrote: »

Hi
Not sure if this is the right board. Please let me know if it isn't.
A friend took out a section 8 against a tenant and judgement was granted for eviction and to pay their arrears . They have now left the property but have not paid. It took months to evict them. My friend applied for earnings attachment order which was dismissed on the basis that they didn't have enough disposable income. My friend wants to dispute this as there doesn't seem to be any proof backing up her claims of out goings. There are 16 days to dispute it. Also the address on the form was incorrect.
So what are the options available now?
They owe about 8k but work in low wage jobs. Credit checks etc were carried out beforehand.
Does the EAO dismissal mean that nothing can be done now? What about high court enforcement agents or small claims court?
My friend is willing to accept up to half of the debt and write the rest off or arrange a payment schedule.

Thanks.

You can escalate to the high court with permission. It's already been through the 'small claims' equivalent as your friend has a court order for payment.


There's no value in disputing the dismissal of the EAO, clearly they do not have a sufficient income. It's not down to your friend to judge that aspect.


It sounds like its not worth pursuing tbh