I want my non paying tenant to have a CCJ

Grizebeck

elsien said:

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. 

Sorry but a ccj really does not have the effect others think they have and many people simple do not care

housebuyer143

Grizebeck said:

elsien said:

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. 

Sorry but a ccj really does not have the effect others think they have and many people simple do not care

To quote a tenant who got refused a rental because of a ccj, "doesn't everyone have a CCJ these days?"... No they don't, and they will cause the person with one inconvenience if nothing else.

FreeBear

Sarah1Mitty2 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.

Can you legally do that though?

In England & Wales, certainly. Scotland, lodgers have a little more protection I believe..

I had a pair that were paying rent in dribs & drabs, and along with other reasons, I just told them to go. Changing the locks would have been an option if they hadn't gone quietly (changed the locks after they left anyway).

OP - Why didn't you ask for a judgement on the outstanding rent when you filed for the S.8 order ?

Could have got your CCJ straightaway without having to file another claim.

Sarah1Mitty2

housebuyer143 said:

Grizebeck said:

elsien said:

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. 

Sorry but a ccj really does not have the effect others think they have and many people simple do not care

To quote a tenant who got refused a rental because of a ccj, "doesn't everyone have a CCJ these days?"... No they don't, and they will cause the person with one inconvenience if nothing else.

A  LOT of people will have them before the "mortgage crisis" is over, it really doesn`t have the same impact as it used to have, and someone who can sit in a property heading for 10k of rent arrears doesn`t care about this anyway. As we head into recession many landlords will have no choice but to take ccj`s if they are to have any chance of paying their BTL debt.

fatbelly

I can't see if the question has been answered.

You can start a court claim using MCOL

https://www.gov.uk/government/publications/money-claim-online-user-guide

The fee for an 8k claim will be £455

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

He would only not get a ccj if he

• paid the amount in full, including your costs
• made a successful defence

It is important that the claim explains the reasons the money is owed (particulars) and states an exact figure. Although you could start a claim on one figure and apply to amend the claim, that is messy and it is best to wait until the exact figure is finalised.

You will need to give an address for the defendant but if he does not declare one then you are able to use 'the last known address'

Edit: you are then expected to enforce the ccj within 6 years (can be extended by permission of the court) and 8% interest runs during this period.

You can use

• bailiffs - either the court bailiff or High Cort - if you think he has assets
• attachment to earnings - if you know his employer
• charging order - if he owns property
• third party debt order - if he has savings and you know his bank account
• statutory demand - if you just want to make him bankrupt and let the Official Receiver sort it out.

If you want to find out which method will work best you can apply for an

• Order to obtain information - he is ordered to attend court to complete a form. The penalty for non-compliance with this is up to 2 weeks imprisonment

Mr_GoldMine

Yes this tenant really is a slimy one... Wants to get away without paying rent, laughing in our faces...  I don't want this tenant to be able to get any kind of credit or a mortgage, clearly can't be trusted. 

Grizebeck

Mr_GoldMine said:

Yes this tenant really is a slimy one... Wants to get away without paying rent, laughing in our faces...  I don't want this tenant to be able to get any kind of credit or a mortgage, clearly can't be trusted. 

Then your wasting your money 
In my job I come across people wanting others to get ccjs as some kind of punishment 
Most end up being very disappointed 
( I say this as someone who appears in the county court every week on such matters)

Mr_GoldMine

FreeBear said:

Sarah1Mitty2 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.

Can you legally do that though?

In England & Wales, certainly. Scotland, lodgers have a little more protection I believe..

I had a pair that were paying rent in dribs & drabs, and along with other reasons, I just told them to go. Changing the locks would have been an option if they hadn't gone quietly (changed the locks after they left anyway).

OP - Why didn't you ask for a judgement on the outstanding rent when you filed for the S.8 order ?

Could have got your CCJ straightaway without having to file another claim.

I even went through a eviction specialist... It was a accelerated application to get the tenant evicted ASAP... That meant no judgement on arrears..... Just repossession. 

propertyrental

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.

Sarah1Mitty2 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.

Can you legally do that though?

Yes, in England, with a lodger.

But OP has edited his posts to clarify this is a tenant, not a lodger, so in this case, no.

theoretica

Mr_GoldMine said:
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...

You have a legal advisor.  Following their advice seems wise.

Until you have the tenant evicted you will not know the full value of the arrears, or any damage to the property not covered by the deposit.  Seems useful to know what you are taking them to small claims court for.