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Lodger moved out owing rent and now unreachable
expl0rer
Posts: 112 Forumite
The lodger stopped paying while I was away. He said he had lost his job and that he'd move out if he didn't find another one by a specified date.
He found one, but decided to move out anyway. He promised to pay his arrears by date X by which he would have received his first wages from the new job.
Date X has passed and I haven't received the money. I've tried calling him, but he's changed his number. I've emailed him and he hasn't responded.
I was considering taking him to the Small Claims Court, but apparently you need to know the person's address to do that. I don't know his new address. I've read here that when the address is not known, the last known address can be used. But the last known address is my own address. Can I still use that?
I have a copy of his passport and he paid his rent into my bank account from his, so he is definitely traceable if enough power is given to the authorities, but is the Small Claims route appropriate in this case?
Is there any other way I can get the money owed to me?
He found one, but decided to move out anyway. He promised to pay his arrears by date X by which he would have received his first wages from the new job.
Date X has passed and I haven't received the money. I've tried calling him, but he's changed his number. I've emailed him and he hasn't responded.
I was considering taking him to the Small Claims Court, but apparently you need to know the person's address to do that. I don't know his new address. I've read here that when the address is not known, the last known address can be used. But the last known address is my own address. Can I still use that?
I have a copy of his passport and he paid his rent into my bank account from his, so he is definitely traceable if enough power is given to the authorities, but is the Small Claims route appropriate in this case?
Is there any other way I can get the money owed to me?
MFW 2015: £172K; Oct 2019: £143K
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Comments
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How much are we talking?
Did you take a deposit, and/or any rent in advance?2024 wins: *must start comping again!*0 -
Whilst yes technically you can; what is it you want to achieve?
What 'authorities' do you think will be involved in this? No-one is going to be tracing him via bank details in reality.
The chances of you winning a court case are reasonably high; given he wont know about it; you'll win by default. A CCJ will be issued.
That doesn't mean you'll get paid. Subsequently it catches up with him, he applies for a set aside. Chances are it's granted; you knew he didn't live there.
You're back to square one.
How much money are we talking about here; because anything under £500-1000 is no worth chasing to be blunt.0 -
There is not much point going down the small claims route if you can't locate the lodger.
Getting a CCJ is one thing, enforcing the CCJ is something else.
There are professional "tracing agents" who are quite good at locating people. Could be worth a try. Could also be throwing good money after bad.0 -
Good luck, you will need all of it.
How much money are you talking about or is it just the principle of him owing you money?0 -
steampowered wrote: »There are professional "tracing agents" who are quite good at locating people. Could be worth a try. Could also be throwing good money after bad.
And then what? Send round the heavies? Get Baseball Bill from down the pub to rough him up a bit?Know what you don't0 -
And then what? Send round the heavies? Get Baseball Bill from down the pub to rough him up a bit?
Tracing agents find a person's current address, so if successful, OP could then send an effective Letter Before Action.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Another vote here for suggesting you balance the time, effort and cost to find him...
Even if you do find him, what if he's skint and happy to have (another?) CCJ ding on his record? You get nothing. Or maybe a very small payment. Woo. And how much did it cost to get that far? It would probably have been cheaper to let him get away with it.
It's one of the expected costs of being in the residential letting business...
Next time - better referencing. Because I bet it's not the first time he's pulled this trick.0 -
lincroft1710 wrote: »Tracing agents find a person's current address, so if successful, OP could then send an effective Letter Before Action.
Sorry, I'm probably quite biased on this point as I quite recently had court proceedings accidentally issued against me because of a tracing agency - due to sharing a first and last name with someone else in Kent. No due diligence whatsoever or comparing date of birth/address history, I think it's hopeful at best to think a tracing agency could get the correct address of a lodger who's recently moved in - then how do you really confirm the details are correct? It's all a lot of hassle for very little gain.
It may be useful but personally (as I think is the case for applying for a CCJ or any sort of court proceedings), I think this would be throwing good money after bad.Know what you don't0 -
And then what? Send round the heavies? Get Baseball Bill from down the pub to rough him up a bit?
Engage bailiffs to recover the money?
Attachment of earnings order - which requires the employer to pay part of his wages directly to the claimant each month?
There are options. Though I agree that they may not be worth the time and money needed to pursue.0 -
steampowered wrote: »Engage bailiffs to recover the money?
Attachment of earnings order - which requires the employer to pay part of his wages directly to the claimant each month? - thanks for the clarification
There are options. Though I agree that they may not be worth the time and money needed to pursue.
Why stop there? You could file a bankruptcy petition against him as well.
In the OP's situation, I think what you're suggesting is the equivalent of removing a weed from your garden with a hand grenade.Know what you don't0
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