Taking Tenant to Small Claims Court

Michael24

Hello,


We had a tenant in a house we own from April 2017 until February 2019, she had paid the rent wihtout any problems or delay until July 2018 when I explained that my Wife had been put at risk of redundancy so we needed to put the house up for sale. Since that point the rent was late, she went into 2 months arrears, paid a month and then finally stopped paying rent in November 2018 and ceased all attempts at communication.

We went through solicitors to issue all of the appropriate notices etc. and then received a text out of the blue to say the house was empty and the keys were under a flowerpot. When we went to the house there was quite a bit of damage, £1400 in total to repair and she was in £2k of rent arrears. She said she would pay back £100 per month to clear the arrears, but we have not received a penny and she wont respond to any communications. She was in receipt of housing benefit, but clearly not paying that to us, so i hope they pursue her aswell as I assume that is fraud?

We have commenced the documentation for the small claims court, my concern is that she will not admit to where she lives (we have an address) or she will say she has no job and no assets and therefore we will not get back what we are owed. My Wife's redundancy means we can't really afford to just write it off, so if anyone can offer any help or advice I would be eternally grateful. I have tried to find debt companies to buy the debt from us, but none of them seem that interested in replying.

Is there any point in pursuing this, what will the Small Claims Court enforce and are we likely to get anything back? When we have contacted the utilities companies they have said that she owes them money as well, so it is not just us.

pramsay13

I think you will be throwing good money after bad unfortunately.
If someone is in receipt of housing benefit you can get it paid directly after a while if in arrears, but it is too late for that now.
If you know of a permanent address and employment it might be worth a try in small claims, but otherwise I would just put it down to an expensive life lesson and move on.

lookstraightahead

What has happened to the deposit?

theartfullodger

Always pursue people who owe money: If only to ensure they get a CCJ so future rentals (from landlords with enough brain to do credit check) and things like mobile 'phone deals, loans etc v v expensive or impossible.


Otherwise it just encourages the cheats!

stator

Probably used the saved rent to pay the deposit on the new place and avoid becoming homeless. The new rental probably had to pay a large amount in advance.

Doubt she has any money.

SmashedAvacado

if the debtor doesnt have money then there is no point in going after them. Its probably not their fault they are in the situation they are in. Whilst you can't afford to lose the money you have already lost, that was a risk of being a landlord at the lower end of the market where you attract less credit worthy tenants. Life lesson - is probably to move on.

G_M

SmashedAvacado wrote: »

if the debtor doesnt have money then there is no financial point in going after them. ......

Originally Posted by=theartfullodger Always pursue people who owe money: If only to ensure they get a CCJ so future rentals (from landlords with enough brain to do credit check) and things like mobile 'phone deals, loans etc v v expensive or impossible.

.......................................................

babyblade41

I think you can say goodbye to any money you'd hope to get back but pursue anyway as a CCJ is a !!!!!! moving forward for ex tenant

pramsay13

theartfullodger wrote: »

Always pursue people who owe money: If only to ensure they get a CCJ so future rentals (from landlords with enough brain to do credit check) and things like mobile 'phone deals, loans etc v v expensive or impossible.


Otherwise it just encourages the cheats!

How easy is it to get a CCJ with limited information about current address?

G_M

pramsay13 wrote: »

How easy is it to get a CCJ with limited information about current address?

OP says:
"will not admit to where she lives (we have an address)", so either

* court papers could be served there or
* OP could verify the address (some simple checks), or
* OP could employ a company to verify the addres

There are also rules about how/where court papers can be served. see


https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Service of the claim form where the defendant does not give an address at which the defendant may be served


6.9

(1) This rule applies where –

(a) rule 6.5(1) (personal service);

(b) rule 6.7 (service of claim form on solicitor or European Lawyer); and

(c) rule 6.8 (defendant gives address at which the defendant may be served),
do not apply and the claimant does not wish to effect personal service under rule 6.5(2).

(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.

(For service out of the jurisdiction see rules 6.40 to 6.47.)

Nature of defendant to be served
Place of service 1. Individual Usual or last known residence. 2. Individual being sued in the name of a business Usual or last known residence of the individual; or
principal or last known place of business. 3. Individual being sued in the business name of a partnership
Usual or last known residence of the individual; or
principal or last known place of business of the partnership. 4. Limited liability partnership
Principal office of the partnership; or
any place of business of the partnership within the jurisdiction which has a real connection with the claim. 5. Corporation (other than a company) incorporated in England and Wales
Principal office of the corporation; or
any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim. 6. Company registered in England and Wales
Principal office of the company; or
any place of business of the company within the jurisdiction which has a real connection with the claim. 7. Any other company or corporation Any place within the jurisdiction where the corporation carries on its activities; or
any place of business of the company within the jurisdiction.
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –

(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –

(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.

(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –

(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

Michael24

We have used all of the deposit to cover some of the cost to repair the damages, unfortunately she wasn’t on benefits until well over a year into the tenancy, she also appears to have along history of debt, which wasn’t picked up in the referencing by uPad. I wouldn’t say our house was at the lower end it is a 4 bed in a lovely area and the rent is not inconsiderable, we look to have been just an innocent victim to her financial mismanagement.

I would like to sell the debt to a company but no one seems to want to respond to my requests for interest, is the debt too small?

We know her address as she posted it on social media just after leaving us in the predicament we are now in.