Hi - hoping someone can provide some guidance on what to expect…
I applied for a Possession Order and the Judge ruled in my favour and issued a possession order with a money judgement (for rental arrears).
The tenant and I (landlord) have not spoken since April 2021 (dead mobile number and no response to emails).
The tenant is due to move out now as per the Judgement Order, and I have been told by the neighbours today that she appears to be starting the move - hurray!
So my question is - how will I follow up on the debt/money judgement, which should have been cleared by the 2nd March 2022, given I won’t know where she is moving to? Where will the bailiffs go?
The Gov.uk website for the steps of a Possession order refer to:
Stage 5: Warrants and bailiffs
You can [ask the court for a ‘warrant for possession] if your tenants do not leave your property by the date given in an order for possession, or do not abide by the conditions set out in a suspended order of possession. It costs £130.
It then discussed the process of the bailiffs gaining possession of the property but not of the debt.
If I follow this step (complete the form for a “warrant for possession” and pay the £130) - will the County Court Enforcement Team then pursue the tenant for the debt? How does this happen if there is no contact details? What level of effort will they go to, to find to tenant?
Don’t know what the arrears are but, if only a few hundred pounds I would cut loose and bite the bullet otherwise you could be chasing this debt for months or years and also some very big legal fee’s.
The county court will not try to trace anybody they will only work off the information you provide including the new address.
Thanks Tony, unfortunately it’s a lot higher than that… so cutting my losses isn’t an option. Any idea how I would be able to get a new address? And if the County Court Enforcement aren’t able to trace her, what my next option is?
Thanks
It sounds like you have no idea of where she is working?
If you do, there’s an attachment of earnings. (I think it’s called). That you can apply to the Courts for.
If on benefits you would be able to apply for them to take an amount from these but it would be very small.
You can use a tracing agent to find an address. I understand from reading other posts that they are very effective. However, you may need to leave it a few months for her to settle and surface.
Going to guess you have not got a guarantor on this property, if you have then this is your first port of call they are legally responsible for all unpaid debt.
If you have not got a guarantor make sure you always have one in future, you will have all stories thrown at you ie “I don’t need a guarantor I have more than enough funds to cover everything”, yes they always have until crunch time, Golden Rule NO GUARANTOR NO RENTAL.
Try this website, hope it helps
Beneficiary Tracing - No Trace, No Fee Service - uktracing.co.uk
Ad·https://www.uktracing.co.uk/find/people
Fast, comprehensive, and compliant service to trace people to a current address in the UK
It’s been lies from the start (Dec 2019) and I have been toooo trusting. Rookie mistake, no reference as claimed to have never rented before and that she was only renting as her house purchase fell through.
She originally claimed to be a Teacher, but then mentioned claiming UC which I didn’t know what it was at the time. Eventually (10
Months later) I started receiving direct payments from Universal Credit, not the full rent value per month however. (She was receiving UC for the rent and keeping it/not passing on to me)
I applied for her benefits to be deducted to start clearing the debts about 18 months ago but she has to approve it and rejected it.
I’ve just driven 3 hours to drive by the property to try to see her, the neighbours have said there have been removal vans yesterday and today.
When can I enter the property assuming she doesn’t tell me she’s moved out, but it is clear she has?
Thanks, apparently she can’t have moved far as she is returning to the property within 60 mins, loading/unloading the car.
Hope she hasn’t fooled another Landlord…
Ask the neighbours again I would go in as soon as they say the removal vans have gone. You have to go in to check there are no water leaks or gas leaks ( You understand what I mean?)
I don’t think I can enter the premises even tho she posts the key??
I was just reading up on the surrender comment and it reads as if ‘posting a key’ isn’t deemed as ending the tenancy/surrendering…
I have her parents address (or so she claimed is her parents address- ie where she claimed to live before moving into my house), I may go there tomorrow (only a few mins away from the property) to ask them to contact her please as I haven’t been successful… thoughts?
Well i know what I would do irrespective , if treated like that by a scumbag. i had a couple of tenants leave , not owing any rent tho. With no keys left I just went in …no furniture in there . Got new tenants
Hi - just went and looked thru the window - ground floor is full of bags/clothes, Hoover, baby high chair etc, so she’s still on her way out. Court order said 2nd March, Breathing Space said 7th March, she is obviously working to the latter despite the Judge over-ruling it.
I will try to catch her on my lunch break tmr, fingers crossed.
If she clears her stuff and posts the keys then along with the photographic evidence and written log of her move, you have very good evidence of an implied surrender. My deed of surrender suggestion was more for certainty.
Thanks, just spoke with her - lots of new “reasons” for not being able to pay - her ex partner is asking for DNA test on their teenage kid to claim all his child maintenance back. She said she needs another week to move out… So I said I’d be back next Monday for the keys… asked for her new address - she said the council don’t have anything and is living in between places and is moving her stuff to a storage building.
Followed her, she’s moving one street away, beautiful property - I feel a duty of care to let the Landlord know. I have an address for the purpose of a Bailiff warrant now with the County Court.
If anyone has any other advice, please do share.
I’m going to call the council/benefits line also so they have my notes on what she ‘claimed’ to me.
Best regards
F
You will have to use a tracing agent, and pay yet again for the service.
I used to use Grosvenor Services, and they were very proficient.
Even if you trace them to a new address, there are no guarantees they will have the wherewithal, or goods to auction, to pay any judgement / warrant.
Do you have employers details and/or bank details, as a way to attach the debt?
PS: Just read that she is on UC, so I would suggest you are wasting your time trying to collect on this debt. The judgement will stand for 6 years on her credit file, and hopefully will incovenience her in some way. That’s about the best you can hope for.
Have you not considered following the removal van to see where she takes her belongings?
Thanks for the reply, I have been lucky to identify her new rental property, this was seconds after she advised me she was in a hostel as the council couldn’t find her anything. I will warn the Landlord.
I presume I will add this new address to the Bailiffs warrant. She has a car, I have no idea of any other assets.