Tenant is leaving before bailiff arrival date

Mr_GoldMine

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

Mr_GoldMine

Bonniepurple said:

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.

thanks, i am not holding my breath against these losses but we can apply and wait and see what happens. like others have said this dude should be tagged as a bad payer so a future landlords do not fall victim for the same thing.

Jude57

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

Mr_GoldMine

Jude57 said:

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

guess i want to consoliodate it all in one claim, im not worried about forwarding address, tenant will be found, coffee shop is very local.

their departure is imminent i hope, i need to get in there and assess damage, waste, loss etc....

_Penny_Dreadful

Mr_GoldMine said:

Jude57 said:

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

guess i want to consoliodate it all in one claim, im not worried about forwarding address, tenant will be found, coffee shop is very local.

their departure is imminent i hope, i need to get in there and assess damage, waste, loss etc....

You’ve already made a claim for, and received a judgement for, the arrears. Time to enforce it. 

Do you know how the coffee shop is owned? For example, is the business a limited company and have you snooped on Companies House? 

Mr_GoldMine

_Penny_Dreadful said:

Mr_GoldMine said:

Jude57 said:

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

guess i want to consoliodate it all in one claim, im not worried about forwarding address, tenant will be found, coffee shop is very local.

their departure is imminent i hope, i need to get in there and assess damage, waste, loss etc....

You’ve already made a claim for, and received a judgement for, the arrears. Time to enforce it. 

Do you know how the coffee shop is owned? For example, is the business a limited company and have you snooped on Companies House? 

coffee shop is a limited company listed on companies house, the dude is the director

plan is calculate full loss as soon as he leaves, then start the MCOL...

_Penny_Dreadful

Mr_GoldMine said:

_Penny_Dreadful said:

Mr_GoldMine said:

Jude57 said:

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

guess i want to consoliodate it all in one claim, im not worried about forwarding address, tenant will be found, coffee shop is very local.

their departure is imminent i hope, i need to get in there and assess damage, waste, loss etc....

You’ve already made a claim for, and received a judgement for, the arrears. Time to enforce it. 

Do you know how the coffee shop is owned? For example, is the business a limited company and have you snooped on Companies House? 

coffee shop is a limited company listed on companies house, the dude is the director

plan is calculate full loss as soon as he leaves, then start the MCOL...

And how do the accounts on Companies House look?  Like he has a pot to !!!!!! in?

You already have a judgement for the arrears.  I don't think you can get a second judgement for the same money.

Mr_GoldMine

_Penny_Dreadful said:

Mr_GoldMine said:

_Penny_Dreadful said:

Mr_GoldMine said:

Jude57 said:

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

guess i want to consoliodate it all in one claim, im not worried about forwarding address, tenant will be found, coffee shop is very local.

their departure is imminent i hope, i need to get in there and assess damage, waste, loss etc....

You’ve already made a claim for, and received a judgement for, the arrears. Time to enforce it. 

Do you know how the coffee shop is owned? For example, is the business a limited company and have you snooped on Companies House? 

coffee shop is a limited company listed on companies house, the dude is the director

plan is calculate full loss as soon as he leaves, then start the MCOL...

And how do the accounts on Companies House look?  Like he has a pot to !!!!!! in?

You already have a judgement for the arrears.  I don't think you can get a second judgement for the same money.

ok but what about
enforcement on first judgement

and an MCOL application for damages and cleaning bill?

Jude57

Mr_GoldMine said:

_Penny_Dreadful said:

Mr_GoldMine said:

_Penny_Dreadful said:

Mr_GoldMine said:

Jude57 said:

Mr_GoldMine said:

_Penny_Dreadful said:

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? 

we applied for an eviction on the basis of non payment, the amount owed factors in the rent increase from June 2022.
plan to enforce as soon as tenant leaves and we have a forwarding address.

What makes you think they'll give you a forwarding address? You can enforce the order at their business address - assuming they don't fold that business and move on elsewhere. If the tenants are as bad as you say, I can see them disappearing without a trace and you being just one of many creditors. If they do that, you'll have an uphill battle finding them so I don't understand why you're not enforcing the order you currently have. A bird in the hand is worth two in the bush, as the saying goes. Better to recover what you can, while you can, before they vanish. Having enforced the current order, and if there are damages to the property, you can quickly lodge a further claim via MCOL with the business premises as their address for service or even as their last known address which can still be valid service from the Court's perspective.

guess i want to consoliodate it all in one claim, im not worried about forwarding address, tenant will be found, coffee shop is very local.

their departure is imminent i hope, i need to get in there and assess damage, waste, loss etc....

You’ve already made a claim for, and received a judgement for, the arrears. Time to enforce it. 

Do you know how the coffee shop is owned? For example, is the business a limited company and have you snooped on Companies House? 

coffee shop is a limited company listed on companies house, the dude is the director

plan is calculate full loss as soon as he leaves, then start the MCOL...

And how do the accounts on Companies House look?  Like he has a pot to !!!!!! in?

You already have a judgement for the arrears.  I don't think you can get a second judgement for the same money.

ok but what about
enforcement on first judgement

and an MCOL application for damages and cleaning bill?

That's what people are saying. Enforce the judgment you already have, while you still can locate the tenants easily, then if there are damages, lodge a separate, New, MCOL for that. You can't claim again for the arrears you've already got a judgment for, so don't delay enforcement because, having already obtained that judgment, you can't add extra to it. 

Don't think for a moment that them having a business with physical premises today means they can't shut up shop and disappear overnight.

Mr_GoldMine

FYI tenant vacated, we got the keys back 25th July and we entered the house to find it in a right nasty state,

in the process of estimating damages and bulk waste clearance costs the tenant is responsible for and will then file the MCOL, probably using the same legal rep.

Tenant is making attempts to settle a lesser value exluding damages via the estate agent which we appointed late July 2022. bank details have been re-issued to tenant but we are yet to receive any payment towards the arrears.

tenant is still local and is residing in temporary housing provided by the council. will locate flat details using a trace service.