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Tenant is leaving before bailiff arrival date

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Comments

  • Mr_GoldMine
    Mr_GoldMine Posts: 66 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    edited 24 January 2025 at 4:59PM
    [Deleted User] said:
    Do they have the money you want? If they don't, taking them to court might not make things better.

    They money they might have given to you will go on defence.
    They've got the money, probably undeclared. Dude has a coffee shop and a range rover evoque 66 plate... 
  • gazfocus
    gazfocus Posts: 2,509 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    One good thing is that if you do take him to court, and secure a CCJ against the tenant, it will make it very difficult for them to rent again in the next 6 years. It could also affect their ability to obtain credit for their ltd company as many ltd finance applications look at the directors credit history as well.

    You might not get any money back, but you'll have the satisfaction of knowing a CCJ will cause them issues.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,609 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 
  • Mr_GoldMine
    Mr_GoldMine Posts: 66 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,609 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Mr_GoldMine said:
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.

    That's not a statutory notice.  For the rent increase to take effect (or is it affect, I always confuse the two) the tenant would need to agree either by explicit saying so or buy paying the new higher rent.  If you had issued a Section 13 notice it would have been a different story.
  • Mr_GoldMine
    Mr_GoldMine Posts: 66 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    _Penny_Dreadful said:
    Mr_GoldMine said:
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.

    That's not a statutory notice.  For the rent increase to take effect (or is it affect, I always confuse the two) the tenant would need to agree either by explicit saying so or buy paying the new higher rent.  If you had issued a Section 13 notice it would have been a different story.

    it was verbally agreed before hand in front of witnesses...
    then the tenant done a u-turn on it ...
  • MultiFuelBurner
    MultiFuelBurner Posts: 2,928 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Mr_GoldMine said:
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.
    That's going to be difficult to use in court. You may only be able to get the previous rolling month rent not the new amount you set by letter as it was not a Section 13 or a new fixed term AST with the increased rent.
  • Mr_GoldMine
    Mr_GoldMine Posts: 66 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    MultiFuelBurner said:
    Mr_GoldMine said:
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.
    That's going to be difficult to use in court. You may only be able to get the previous rolling month rent not the new amount you set by letter as it was not a Section 13 or a new fixed term AST with the increased rent.
    blimey...

    why would the judgement made last month include it then as part of the balance?

  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,609 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Mr_GoldMine said:
    MultiFuelBurner said:
    Mr_GoldMine said:
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.
    That's going to be difficult to use in court. You may only be able to get the previous rolling month rent not the new amount you set by letter as it was not a Section 13 or a new fixed term AST with the increased rent.
    blimey...

    why would the judgement made last month include it then as part of the balance?


    What judgement?  I thought you hadn't taken him to court for monies owed yet or do you mean the possession order hearing?
  • Mr_GoldMine
    Mr_GoldMine Posts: 66 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    edited 17 July 2023 at 2:12PM
    _Penny_Dreadful said:
    Mr_GoldMine said:
    MultiFuelBurner said:
    Mr_GoldMine said:
    _Penny_Dreadful said:
    How was the rent increased? Section 13 notice? New fixed term contract? Something else? 

    Letter printed and posted 'recorded signed for' in June 2022.
    That's going to be difficult to use in court. You may only be able to get the previous rolling month rent not the new amount you set by letter as it was not a Section 13 or a new fixed term AST with the increased rent.
    blimey...

    why would the judgement made last month include it then as part of the balance?


    What judgement?  I thought you hadn't taken him to court for monies owed yet or do you mean the possession order hearing?

    Order for possession was made in the June hearing ordering tenant to
    - leave in 14 days
    - to pay the arrears of £5.6k as at the end of May 2023 within 14 days plus to pay a daily rate of £21.36
    - pay the landlords court costs £355

    order also gives landlord permission to transfer case to High court for enforcement
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