I want my non paying tenant to have a CCJ

Mr_GoldMine

Hi. 

Our tenant stopped paying his rent, as soon as he was 2 months in arrears, we applied for possession on section 8 arrears basis. 9 months later from the date the payment was missed the court hearing took place and the judge granted the eviction, so we then had a Notice of Seeking Possession. Bear in mind our loss is 7k arrears + 2k court fees. The granted eviction application instructed them to leave in 14 days time. They didn't leave, yeah course these tenant are taking the mick. 

Anyway having been granted the NSP we have now applied for a bailiff to execute the eviction which means the eviction is now imminent. 

This tenant will owe us 8k+ in rent by the time he is evicted.

My legal advisor says that I should wait until the tenant has been evicted before we can take him to the small claims court. 

Can we take him to small claims court sooner...

This tenant really betrayed trust and took the mick and put me great loss.

What are the chances of this tenant getting a CCJ? I want this guy to experience same or more detriment as I did. I don't want him to get away with it Scott free...  

Not sure how much it costs to take someone to small claims court through to the end. Anyone know the particulars?

Any help and advice received will be much appreciated. 

Thanks

GrumpyDil

First point. Is he a lodger, living in your house with you or a tenant living in a separate property with a tenancy agreement? 

lincroft1710

Mr_GoldMine said:

Hi. 

Our lodger stopped paying his rent, as soon as he was 2 months in arrears, we applied for possession on section 8 arrears basis. 9 months later from the date the payment was missed the court hearing took place and the judge granted the eviction, so we then had a Notice of Seeking Possession. Bear in mind our loss is 7k arrears + 2k court fees. The granted eviction application instructed them to leave in 14 days time. They didn't leave, yeah course these lodgers are taking the mick. 

Anyway having been granted the NSP we have now applied for a bailiff to execute the eviction which means the eviction is now imminent. 

This lodger will owe us 8k+ in rent by the time he is evicted.

My legal advisor says that I should wait until the tenant has been evicted before we can take him to the small claims court. 

Can we take him to small claims courtsooner...

This tenant really betrayed trust and took the mick and put me great loss.

What are the chances of this lodger getting a CCJ? I want this guy to experience same or more detriment as I did. I don't want him to get away with it Scott free...  

Not sure how much it costs to take someone to small claims court through to the end. Anyone know the particulars?

Any help and advice received will be much appreciated. 

Thanks

Do you mean "tenant" rather than "lodger"

sourpuss2021

Any lodger that does not pay rent ONCE should come home to find the locks have been changed before it has a chance to happen again.

 I can’t understand how this situation could have come about.

lincroft1710

sourpuss2021 said:

Any lodger that does not pay rent ONCE should come home to find the locks have been changed before it has a chance to happen again.

 I can’t understand how this situation could have come about.

As a Section 8 Notice was served, it is more likely this was a tenant not a lodger

propertyrental

lincroft1710 said:

sourpuss2021 said:

Any lodger that does not pay rent ONCE should come home to find the locks have been changed before it has a chance to happen again.

 I can’t understand how this situation could have come about.

As a Section 8 Notice was served, it is more likely this was a tenant not a lodger

or the OP did not know what he was doing.......

Mr_GoldMine

Apologies I put my hands up...

It was a tenant... 

propertyrental

Mr_GoldMine said:

....

Can we take him to small claims courtsooner...
yes - any time.

This tenant really betrayed trust and took the mick and put me great loss.

What are the chances of this lodger getting a CCJ?
if you mean a CCJ registered against his credi record, then
a) take him to court
b) win
c) if he fails to pay what the court orders
Then and only then will the CCJ appear on hi record.

......

Not sure how much it costs to take someone to small claims court through to the end. Anyone know the particulars?

https://www.gov.uk/make-court-claim-for-money/court-fees

Grizebeck

Why do you want him to get a CCJ
Pretty meaningless 

elsien

Grizebeck said:

Why do you want him to get a CCJ
Pretty meaningless 

Not if it impacts on them in the future. 

Actions. Consequences.
Even if the OP doesn’t get their money back. 

Sarah1Mitty2

sourpuss2021 said:

Any lodger that does not pay rent ONCE should come home to find the locks have been changed before it has a chance to happen again.

 I can’t understand how this situation could have come about.

Can you legally do that though?