I want my non paying tenant to have a CCJ

Mr_GoldMine

MultiFuelBurner said:

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.

yes this is the only property on let.
i thought i was 'taking less'................. £650 instead of £850, thats a massive discount

i know i will have a big repair bill and high amount of arrears owed to us...

i thought it was perfect for him and was happy for him to stay, his coffee shop business is round the corner, literally less than 50 steps.

once he leaves it wont be too difficult to obtain his next resindential address... or even have the small claim application correspondence sent to his busines address.

Grizebeck

Mr_GoldMine said:

MultiFuelBurner said:

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.

yes this is the only property on let.
i thought i was 'taking less'................. £650 instead of £850, thats a massive discount

i know i will have a big repair bill and high amount of arrears owed to us...

i thought it was perfect for him and was happy for him to stay, his coffee shop business is round the corner, literally less than 50 steps.

once he leaves it wont be too difficult to obtain his next resindential address... or even have the small claim application correspondence sent to his busines address.

You can serve the claim on the address where he carries out his business if you so wish.

Then if he loses the cases and if the business is NOT a limited company then have the case transfered up for a high court writ by the use of HCEO. With it being a business premises (again if they are sole trader) they can force entry if needed....

sammyjammy

sounds like he has a lot to lose, lets hope he has been saving the rent he hasn't been paying.  Silly man.

Mr_GoldMine

Grizebeck said:

Mr_GoldMine said:

MultiFuelBurner said:

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.

yes this is the only property on let.
i thought i was 'taking less'................. £650 instead of £850, thats a massive discount

i know i will have a big repair bill and high amount of arrears owed to us...

i thought it was perfect for him and was happy for him to stay, his coffee shop business is round the corner, literally less than 50 steps.

once he leaves it wont be too difficult to obtain his next resindential address... or even have the small claim application correspondence sent to his busines address.

You can serve the claim on the address where he carries out his business if you so wish.

Then if he loses the cases and if the business is NOT a limited company then have the case transfered up for a high court writ by the use of HCEO. With it being a business premises (again if they are sole trader) they can force entry if needed....

his business is a limited company, I located it on companies house...

have also reported him for housing benefit fraud previously... just in case..

[Deleted User]

BobT36 said:

[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. 

They might have communicated with the landlord, we don't know. This is all an assumption based on the OP not omitting any relevant details, and how often around here do we find that the OP omitted relevant details?

You are assuming that the landlord is completely reasonable and telling us everything, when clearly they came here angry and looking for a way to punish the tenants. Step back a moment and consider that there may be another side to this story. In fact it's very likely that there is.

CurlySue2017

Mr_GoldMine said:

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..

I'm interested in this part, in bold

Why did you have to increase the rent?  The way you have worded it suggests that it was just to keep up with the current market, in which case, you didn't "have to" increase it at all, you chose to and there is a big difference

motorman99

CurlySue2017 said:

Mr_GoldMine said:

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..

I'm interested in this part, in bold

Why did you have to increase the rent?  The way you have worded it suggests that it was just to keep up with the current market, in which case, you didn't "have to" increase it at all, you chose to and there is a big difference

Because it’s worth more that’s why!

if you found a £50 note (and no one claimed it) would you sell it to me for £40 just because you found it?

Of course not.

Mr_GoldMine

CurlySue2017 said:

Mr_GoldMine said:

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..

I'm interested in this part, in bold

Why did you have to increase the rent?  The way you have worded it suggests that it was just to keep up with the current market, in which case, you didn't "have to" increase it at all, you chose to and there is a big difference

We had to, because the market rate for a 3 bed house on that road at that time was £850 pcm, we couldnt jump to £850 or even £750 and based on the long term relationship it was set to £650, had we incremented rent by £20 per year from the beginning we would have been more or less at the same rate of £650 anyway.

ok, maybe we didnt have to, but we definetely chose to as landlords on the same road were charging higher rent, we felt we had fallen behind so much,

anyway its the landlords right to increase rent... isn't it? within reasonable grounds off course....

I don't think we were irrational or unfair at all, in year five i mentioned the rent increase, it was ignored but i did mention to him to look elsewhere, as we were ignored and he hadnt found a place we sat with him again only to be taken for fools this time round ... agreeing to £650 and then TnT doing a screeching U turn on his own word...

in fairness the TnT has known that we have wanted him out for at least 2 years...... i should think he has had more than enough notice.

CurlySue2017

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..

I'm interested in this part, in bold

Why did you have to increase the rent?  The way you have worded it suggests that it was just to keep up with the current market, in which case, you didn't "have to" increase it at all, you chose to and there is a big difference

We had to, because the market rate for a 3 bed house on that road at that time was £850 pcm, we couldnt jump to £850 or even £750 and based on the long term relationship it was set to £650, had we incremented rent by £20 per year from the beginning we would have been more or less at the same rate of £650 anyway.

ok, maybe we didnt have to, but we definetely chose to as landlords on the same road were charging higher rent, we felt we had fallen behind so much,

OK so you have corrected that statement - you didn't have to, you chose to.  There's a difference

anyway its the landlords right to increase rent... isn't it? within reasonable grounds off course....

Absolutely, yes

I don't think we were irrational or unfair at all, in year five i mentioned the rent increase, it was ignored but i did mention to him to look elsewhere, as we were ignored and he hadnt found a place we sat with him again only to be taken for fools this time round ... agreeing to £650 and then TnT doing a screeching U turn on his own word...

in fairness the TnT has known that we have wanted him out for at least 2 years...... i should think he has had more than enough notice.

I never said you had been unfair or irrational, the decision is yours alone and I am not judging you

I was just interested as I said, because the assertion that you "had to" increase the rent is simpy not the case and I wonder how many other LL's are saying this?

Sarah1Mitty2

MultiFuelBurner said:

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.

I think as more and more people take in lodgers to help with rocketing mortgage payments landlords trying to increase rent too much will find themselves with arrears and empty property TBH.