Tenant is leaving before bailiff arrival date

Herzlos

I thought you fast tracked the debt part to get the eviction part done?

Also the tenant presumably didn't contest it, so the court took your word for the rent figure which you can't prove was agreed upon, and if contested you may need to settle for the previous acknowledged figure.

(You can get a '66' plate Evoque for under £10k now after the prices went mental, so that's not a sign he's evading paying tax or has any money)

MultiFuelBurner

We had renter's with two flash new bmw's and businesses in their name.

Everything on buy now pay never, red bills and when we looked further a list of companies open and dissolved.

Never believe what you see is real wealth.

Mr_GoldMine

Herzlos said:

I thought you fast tracked the debt part to get the eviction part done?

Also the tenant presumably didn't contest it, so the court took your word for the rent figure which you can't prove was agreed upon, and if contested you may need to settle for the previous acknowledged figure.

(You can get a '66' plate Evoque for under £10k now after the prices went mental, so that's not a sign he's evading paying tax or has any money)

we did (well i hope we did do a fast track) the the process started beginning of Nov 22, no idea why there is a arrears judgement in the order...

Mr_GoldMine

MultiFuelBurner said:

We had renter's with two flash new bmw's and businesses in their name.

Everything on buy now pay never, red bills and when we looked further a list of companies open and dissolved.

Never believe what you see is real wealth.

Scammers, what life are they living...

Alderbank

Does your tenant already have any outstanding ccjs?
You can check for about £4.
If they do they won't be too bothered about getting another one. Plus it suggests that someone before you has tried unsuccessfully to get blood out of that stone.

Mr_GoldMine

Alderbank said:

Does your tenant already have any outstanding ccjs?
You can check for about £4.
If they do they won't be too bothered about getting another one. Plus it suggests that someone before you has tried unsuccessfully to get blood out of that stone.

i doubt it, tenant only been in the UK since Jan 2016 and from what I saw since, he was financed well.

GDB2222

You already have judgment for £5k+. As that was in the small claims track, you can't claim legal expenses for that case.

I would instruct High Court Sheriffs to collect on that.  Do that now.

Only if successful with collecting should you do the following.

Once you have possession, evaluate the damage caused, and issue fresh proceedings through MCOL for that. Do that yourself, as a litigant in person, but you can ask a solicitor to help with drafting if needed. Then collect on that separately.

Bonniepurple

Mr_GoldMine said:

[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... 

You seem obsessed with these tenants and seem to think they are rolling in funds, possibly cash in hand.  This assumption seems to be based on they haven’t paid the new rent that you felt they should because the market demanded it but they own a business and drive a 7 year old car.  

Let them go.  If you start raising hell then it may come back to bite you if all paperwork wasn’t completed properly.  Serve the CCJ if you want, but don’t hold your breath about receiving funds.

[Deleted User]

gazfocus said:

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.

Just don't complain when people suggest doing this to bad landlords.

_Penny_Dreadful

Mr_GoldMine said:

_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

Strange that the tenant didn’t contest the higher rent amount since it wasn’t formally raised with a new tenancy agreement or statutory notice. In any case you already have a judgement for that amount and it should have been paid by the end of May so why aren’t you enforcing it now? 

I note on another post you say you don’t know why the arrears were included in the section 8 claim. Have you asked your legal representative? I’m assuming they filed the paperwork for you?