One tenant has a CCJ , other is a good payer

Me again… My current tenant is getting a new flat mate and the guys referencing came back with an active CCJ for £1338 and advice is to proceed with guarantor only.

My old tenant has never paid late, he paid in full throughout the whole of Covid, so it feels very unfair on him, who can’t afford to be there by himself.

What would you do in this situation?

What is the CCJ for?

What he told me is that when he was very young he got a payday loan. Because he moved a lot when he first moved to London, they couldn’t find him in the previous address, hence the CCJ. I’ve now asked for proof that this is being dealt with. I’ve also asked that employer references and previous landlord to be sent directly to me.
Any other suggestions on what else I can ask for?
I said if we can’t get a satisfactory response he will need a guarantor…

Look at his social media profile
Bank statements
NI number payslips

The Landlord Law website has a great pre tenant check slip

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If the ccj is from a long time ago, why isn’t it satisfied? You could ask the referencing company to confirm what he says about the ccj.

Frankly, I agree with your concern. If you are going to insist these two are in a joint tenancy, then you shouldn’t impose someone who has a history of debt. If you want to take the risk yourself, do room only rentals.

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So, as far as the ccj - as long as it’s not paid I would not touch it.

The only way I would is if the other person (in the couple?) has enough money to support them both and he/she is happy to.

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It’s not me insisting. They are friends, not a couple and my old tenant is the one that found him. We have always did joint ASTs and never had any problems. If I start doing room only rentals it all gets very complicated, it is only a two bedroom flat…

This might be helpful. I have a couple living in my place. When they moved in in March he was working and she was looking for work, so I agreed that they could pay me six months’ rent in advance. Now that she has found a job, they are paying me £20 for a new reference check for her. If she’s approved, they can move to a monthly rent. Could you ask your tenants to pay you a lump sum?

You’re prohibited from charging her money for the reference check.

Also - what point does it make if she passes/fails. She has already got a lease. Do you have a clause in your lease that she should pay 6 months up front every six months unless she passed referencing?

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You shouldn’t be charging her at all!

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Firstly, as others said, you are prohibited from charging for a reference check. Secondly, I don’t think it’s fair to ask for all that money in advance. We all make mistakes and not many people have all that money in advance. This in itself won’t make them bad tenants (not having all this money in savings).

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Oh absolutely. A nice lump sum payment every six months keeps things simple, and best of all - it was suggested by the lead tenant. And a lot less invasive and infantilising than getting a guarantor involved.

Why do you think it takes away the need for a guarantor?

If they stop paying after the initial six months you’ll be in exactly the same situation as if you went to being paid month to month - you’d have to wait two months then go to court to regain possession.

Also, if the tenant hasn’t saved six months rent then you could’ve made a rod for your own back as they might have managed month by month but not six months and decide not to pay because of that.

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Oh I’m not quite in the same situation - I’ve benefited from investing the lump sum in the skyrocketing stock market. I just wish house prices were going up as fast!

CCJ’s. Anyone wishing to show good faith would clear any debt to show they are a good egg,if they dont it shows they are bad. Run away from him.

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