Tenant is leaving before bailiff arrival date

doodling

Hi,

What is the judgement you already have?  From your previous posts, I understood that you have a judgement which ordered both eviction and payment of arrears.  Is that correct.

If that is correct then you need to enforce that judgement.

If your judgement only covers eviction then you need to separately claim for the arrears (and anything else you believe you are due) (or if you did claim for arrears you need to understand why the judge didn't order them to be paid).

Whatever happens, you cannot claim for the same thing twice and you cannot merge two claims together once a judge has already ruled on one of them.

There may be economies in enforcing two judgements at the same time (e.g. only one bailiff visit rather than two), but that is a separate issue to actually obtaining the judgement(s).

Mr_GoldMine

Herzlos said:

Mr_GoldMine said:

gawd i am getting confused now.

so for damages, cleaning etc we need a judgement on that first..  via MCOL (or somewhere else)?

for the enforcement of the judgement (already given th June 23) regarding arrears, we need to go MCOL ... right?

we are trying to combine in one application... this is what our eviction guy has said that we can do...? is he wrong?

You don't need MCOL to enforce the first judgement, you need to contact the court.
You can't combine them both into 1 application; 1 has been supported by the judge and one hasn't been applied for yet.

If he's trying to settle, then assuming you're not still bent on revenge, then I'd be considering his settlement offer. Something like the owed rent (at the old rate) + the cleanup bill, will leave you where you started, without all  of the hassle.

im thinking the same, amount owed, cleanup and damages... i think we need to give him a 'first refusal' kind of opportunity before taking any legal action

Mr_GoldMine

doodling said:

Hi,

What is the judgement you already have?  From your previous posts, I understood that you have a judgement which ordered both eviction and payment of arrears.  Is that correct.

If that is correct then you need to enforce that judgement.

If your judgement only covers eviction then you need to separately claim for the arrears (and anything else you believe you are due) (or if you did claim for arrears you need to understand why the judge didn't order them to be paid).

Whatever happens, you cannot claim for the same thing twice and you cannot merge two claims together once a judge has already ruled on one of them.

There may be economies in enforcing two judgements at the same time (e.g. only one bailiff visit rather than two), but that is a separate issue to actually obtaining the judgement(s).

judgement on 6th june was for eviction and amount owed from Oct 2022 and fees (all totalling circa 7k).

so now that they have left, we still want to pursue for anything arrears unpaid i.e. the above 7k and cleanup and damages bill...

cleanup and damages bill currently being estimated via appointed agent.

doodling

Hi,

So you just need to claim for the costs not covered by the previous judgement.

You can choose to enforce the first now or wait till you have both judgements before enforcing - up to you.

Of course whether you'll get any money is a different matter...

Mr_GoldMine

update :

bailiff was supposed to execute physical eviction on 20th august but didnt. didnt bother me much as i already had repossessed the house, and started visiting documenting and getting quotes.

total outstanding for rent and court fee roughly 7.2k

the tnt paid £6k two days ago, not sure what prompted him to do that

cleaning bill, rubbish, old broken furniture, garden stacked, all costs £600 to sort
claimable repairs i.e. holes in wall and doors, missing kitchen cabinet doors etc etc, estimate 2k to get it to rentable standard

i called up our legal guy (to get clarification on how we go about claiming these additioinal costs for damages / cleaning) and asked him about the new ccj they got, he said when we paid for the bailiff to execute the warrAnt, that included the blacklisting part too

our legal advisor says the amount got added to his credit file along with a CCJ, that could be why he made the payment.

so now that we have received 6k. how will the credit file be updated to show this?

still 1.2k + clean and repairs (600 + 2K), total £3.8k outstanding...

we will give him the opportunity to clear his balance, else its off to MCOL.
legal advisor says fees will be about £500 for application, but if representation is needed too then it will be much more
he suggests negotiating with the ex tenant.

anyone know the cheapest way to verify the ex tenants credit file?

Grizebeck

You can't as you have no access to it and it's of no concern to you
Your legal advisor sounds pretty rubbish tbf. Representation is normally £200+ vat amongst the big firms

[Deleted User]

Yeah, data protection exists to stop people like you abusing other people's data.

It sounds like the tenant is making an effort to pay. Be patient. Damage may well be disputed anyway.

Making things worse for them isn't going to get you your money any quicker.

MultiFuelBurner

Remember when you say back to a rentable state you can't charge for betterment.

Herzlos

Mr_GoldMine said:

so now that we have received 6k. how will the credit file be updated to show this

How much was the CCJ for? Has he now cleared it? If so, it'll be shown as satisfied unless he paid it then it won't show up.

As much as you want to, you can't damage his credit out of spite.


As I understand it, the tenant has no issue paying back what is owed, but the disagreement is whether he owes x months @ the previously agreed rate or x months at the new, never agreed and never paid rate?