I want my non paying tenant to have a CCJ

BobT36

[Deleted User] 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. 

All it does is add to the sum total of human misery. Maybe they lost their job and don't have the money. It's unlikely that they just decided to stop paying and get evicted for no reason.

This is the risk you accept when you become a landlord. No point crying over it now, and it's unlikely that the OP will get any money back. The tenant isn't going to give them their new address to send the claim to.

I'm a tenant and disagree here. If they've suffered some sort of misfortune then they should be communicating with the landlord, not just randomly stopping paying their rent. 

A-holes who just don't pay and cause actual, unjustifiable losses just result in more tightened landlord practices in future which impact those who do pay. 

mjm3346

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. 

Appears they have got away with not paying for about a year - odds are you will spend more time and money at the risk of still  getting nothing - presumably nothing showed before you rented to them?
While some fret about a CCJ if they are in the "don't give a flying fig about it" category they are unlikely to be looking at mainstream lenders and quite happy to make "arrangements" to provide references as required 

PixelPound

mjm3346 said:

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. 

Appears they have got away with not paying for about a year - odds are you will spend more time and money at the risk of still  getting nothing - presumably nothing showed before you rented to them?
While some fret about a CCJ if they are in the "don't give a flying fig about it" category they are unlikely to be looking at mainstream lenders and quite happy to make "arrangements" to provide references as required 

It is a case of how much good money you want to throw after bad.

You issue him with a claims form. TBH I don't know why the advice is after he's left. You know where your tenant is living now, so the claims can be issued to that address. If you wait until afterwards you would need to find their new address as whilst you could issue to their "last known address" they would have an argument that you issued to an address you knew they were no longer at.

Lets say you issue the claim, they don't respond and you request for a CCJ, then what? By the way a CCJ would appear on their credit report one month after issue (they automatically get 30 days to pay the full judgment balance, in which case it does not appear). If they don't respond you ask for full balance to be made payable immediately, but even if they responded and said they could only pay £50pm it still goes on their record even if they complied with the £50pm (if they Judge agreed that was reasonable).

They have a CCJ and it might affect where they can rent in future, but that in itself doesn't mean you get any money. If you found where they have moved to and they haven't paid you could employ a bailiff to go round, but still no guarantee they'll pay.

Of course if the sole reason it to mess their chances of credit or a mortgage, go for it. Though, how do you know they don't already have CCJ's?

london21

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. 

Exactly and the next landlord gets an idea. 

If tenant keep getting away with arrears they will continue. 

london21

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. 

Did the tenant pass affordability and referencing checks?

jonnydeppiwish!

ProDave said:

Surely the main objective here will be stop this T from renting another house and thus sparing another landlord from losing money.

Is there any other mechanism to flag this particular T to other landlords as "one to avoid"?  If not there SHOULD be some kind of blacklist that landlords have access to so they would know not to take on this T.

So then the action would be directly to prevent them from every having somewhere to live? I’m all for the Op going for a CCJ, but as a means to get their money, not to prevent them being able to live in habitable place.

Mr_GoldMine

london21 said:

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. 

Did the tenant pass affordability and referencing checks?

Hi

tenancy started Jan 2016, basic checks were carried out and this tenant paid market rate (at the time of 550pcm) and he paid on time for five years. for five years there was no rent increase (i didnt increase it because we had a good relationship and understanding), in year 5 the market rate had eventually gone to 850pcm....so i had to increase it... and it was only in year 6 i sat down with him and and said i need to increase rent, we verbally agreed £650 (kept it low for him as goodwill), i got the paperwork ready followoing day and then he refused to sign and started to go all funny with me, relationship broke down, i assigned a letting agent to take over but the tenant evaded the agent, subsequently the tenant stopped paying on grounds of house needs repairs etc. as soon as he was 2 months in arrears i started the S8 process (Nov 2022). Had the court hearing beginning of June 2023, tnt no-show and judge granted the reposession along with the arrears as at june 2023 and a daily rate for the extra days the tenant is in.

as soon as the 14 days were up, the following week, bailiff application was made.

it is not clear when the bailiff will be attending so we can change the locks, it could take 8 - 12 weeks, it could be sooner.

since the order has been made in the first week of june 2023, the tnt has been trying to call me and sending me messages asking for extension and to pay off arrears (without any rent increase) despite me informing in Aug 2022 all his communication should be directed to the assigned agent. If he wanted to pay any money then he could use the same bank details he has been paying into for more than 5 years...

this TnT is now what seems to be conniving and has some agendas, cant be trusted any more..

ProDave

jonnydeppiwish! said:

ProDave said:

Surely the main objective here will be stop this T from renting another house and thus sparing another landlord from losing money.

Is there any other mechanism to flag this particular T to other landlords as "one to avoid"?  If not there SHOULD be some kind of blacklist that landlords have access to so they would know not to take on this T.

So then the action would be directly to prevent them from every having somewhere to live? I’m all for the Op going for a CCJ, but as a means to get their money, not to prevent them being able to live in habitable place.

It would have been their own actions that prevented them having a home to rent.  Perhaps if this was a common practice, and it was well known that if you don't pay rent, then you will get evicted and will find it hard to find another place to rent, then people would pay their rent, or if they have genuine hardship discuss an agreement with the landlord.

Some people seem to think Landlords are providing a public service to provide accommodation to the needy and actually paying them for that is optional.  If that attitude becomes widespread and "accepted" then it is no wonder landlords are quitting the business.

MultiFuelBurner

Is this your only property you let?

I suspect we are going to hear this kind of story a bit more especially with LL's upping rent in the £000's.

5 years of full payment then obviously they accrued 2 months arrears for the section 8. It is a shame if communications broke down as it's easier if both sides can communicate well and a bit of give and take rather than the situation you are in.

elsien

There are better ways of addressing concerns about rent increases than stopping paying completely. 
Ditto addressing repair concerns. 
Give and take goes both ways.