On CCJs of a potential tenant

Hi,

I’ve recently referenced a tenant and the report has come up with 3 CCJs in the last 5 years (the amount owed is between £250-£400 each).

I haven’t had a proper conversation with the tenant since the report, but he said something to the effect that someone had used his name (?). He hadn’t told me anything about the CCJs before I forwarded him for referencing either.

His landlord says he’s paid rent on time in the last 1 year and he can afford the rent with his current job. Basically he’s passed everything except his credit check.

Btw, the report also says …“Some transactions were incompatible with their stated annual income and so we were unable to verify their income in this way. This can happen if the tenant didn’t select the right transactions or connect to the right bank account. However, in cases where we have an employment reference this mismatch has been ignored …”

Not sure what to do with him, any advice ?

Thanks in advance

They didnt mention them because they hoped they would go undetected.

You have no way of knowing what is and isn’t true.

For me this is a bad start and I would move onto the next applicant.

If you asked the question on your tenant application form and they said no to CCJs then you have right to keep any holding deposit.

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If you are happy to have someone take you for a ride, offer him a tenancy. If you’d rather not have that experience, reject him.

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For a CCJ to be registered, post would have been sent to the address where the CCJ is now registered.

If somebody was using my name, I would have intercepted that post and contacted the court, and defended the court process. I suspect most people would do the same. This person either didn’t do that, or lost at court. If the latter, the judge didn’t believe them… why should you?

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CCJ means he doesn’t pay his bills. Current Landlord may be trying to regain possession of his property and unfortunately may say anything in order to achieve this.

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Thanks David, that’s also an eye-opener for me re: his current LL

Thanks Mark for the advice, yes I could put this down as a question during the pre-screening

Thank you Tatemono for your advice

Thank you Karl11 for the valuable advice

Well LL giving feedback has conflict of interest. If LL wants tenant out then he/she will give good reference- wrong but will happen unfortunately. I never bothered to get a reference from ex-landlord.

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Def worth getting a reference from previous landlord of applicant … just not current landlord

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If he has failed the credit check then he can’t have the tenancy. Not sure why you are asking about this.

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I believe that if a ccj is paid in full it will be deleted after a short period.
5 Years I’d a long time.

The process of having a CCJ applied is lengthy and costly to the claimant, court fees, time to prepare and win a case weight heavily.
Anyone loosing a case is given a month to pay, after this it becomes a CCJ. Anyone with a CCJ is not to be trusted.

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a CCJ can be deleted under certain circumstances.

Here are a few ways:

Paying the full amount owed within 30 days: This will remove the CCJ from your credit report.
Applying to have it set aside: You can ask the court to cancel the CCJ.
Waiting six years: The CCJ will be removed from the public register and your credit file after six years, even if you haven’t paid it off

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My policy in these sort of circumstances is

  1. to offer the tenancy to another applicant
    OR
  2. to require the applicant to have a guarantor with a clear and clean referencing.
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I have granted a tenancy to a person who had a CCJ. He told me at the beginning before the credit check, explained the reason, and showed me the paperwork. He said he had learned his lesson and it wouldn’t happen again. His parents had equity in their home and stood guarantor. He was a model tenant.

One of my current tenants is working through an IVA. She too told me about this when she first applied, explained the reason, and provided all the paperwork so that I could check her statements. Her father is a local businessman with equity in his home and I have made him a joint tenant with her. She is a model tenant.

I have had numerous applications from other debtors who have not convinced me they will be good tenants. They have almost all blamed someone else for their bad credit history and been unable to substantiate this with any documentation. The more questions I asked the more they tied themselves up in knots. None of them stood a chance of getting a tenancy from me, guarantor or no guarantor.

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if you are desperate then take more money upfront.

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Make in haste repent at leisure
I know it’s expensive but it’s better to wait.
I have taken tenants in desperation only to evict them because of their behaviour.
The damages by these types of tenants are always greater than the rent, making me question why I did it in the first place !
One should think really hard about their future tenants with no s21 on the horizon!

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Avoid like the plague. There are plenty of tenants without a bad record looking for somewhere to live. Why would you choose them?
I have a feeling that if you have rental insurance cover this would be invalidated if you knowingly took on a tenant with a bad credit record.

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