Updating post from Reddit.
My tenant had finally left the property after serving her a section 21. I started MCOL prior to her leaving and I’m keen to come to a reasonable agreement in terms of repayment. She’s offering £20 pm but she hasn’t been reliable thus far and I’m minded to proceed with the MCOL or I’ll be chasing her for the next however many years for payment. Any advice?
Get a ccj. If she has done this with you, she will Likely do to this to someone else.
£20 is insulting.
Exactly!
How did they get to £3k arrears? What was the monthly rent and what did they get for that?
But how did someone else accept them without a reference from you, the previous landlord? I wouldn't go near a tenant without that and I would contact the landlord to. I have had a couple of students in the past where they didn't have this and it didn't end well either.
Most landlords don't get a reference from the previous one. I've moved 10+ times in London and never needed one.
Every single credit search I’ve taken out on a prospective tenant has a section for landlord/agent reference. Or perhaps agents are providing A** references for bad tenants?
So they are asking for trouble and can't complain they weren't warned.
I have no idea. I presumed arrears/late payments would be flagged on references even without a CCJ.
Get the CCJ. Most important thing imo. Doubtful you'll get the money back but a CCJ can sometimes convince folks.
Get that CCJ processed and possibly right it off. Doubt you will get the money back. Be glad they are out.
Exactly this, people that don't pay rent are either skint or playing the system between different landlords as there isn't really a comeback for them they get like 6 months to 2 years rent free each time they do it.
Funnily enough she told me she couldn’t pay me rent 6 weeks ago because she needed to have rent/deposit for her new place! Good luck to her new landlord is all I say, thankfully she eventually left without court action.
And that’s the reason why us landlords need to file CCJs against these rogue tenants. Try to stop it happening again.
Roughly 13 years to collect the 3k back at this rate IF YOU ARE LUCKY. Log that CCJ please
Unfortunately i don’t think that the law now protects us landlords in anyway anymore! I do think things had to change so that tenants weren’t being unfairly treated but it’s went so much in the other direction now. I’m in Scotland so things are different here to some uk laws but if one of my tenants don’t pay rent I have to send them out information about dealing with debt, I need to give them information about benefits they can apply for, i have to send them paperwork to fill out about what their income is and what their expenditures are so I can calculate a payment plan! I’m personally not a financial advisor and don’t feel like I’m qualified enough to decide on their behalf what they can afford to pay me back extra each month but this is what needs to be done. Therefore I don’t think anyone on here can give you any advice on an amount to ask them for back each month without knowing their other financial commitments. And unfortunately if they are willing to pay you something each month then you will not be able to proceed with any other legal action
That’s what I was trying to be clear on. Can I continue with a CCJ if she’s offered £20 pm?
I’m not sure if you live in Scotland but the law here is that if she’s willing to make a payment plan with you (which I’d get in writing and ask her to sign) then you can’t continue with a CCJ. It may be different if you are somewhere else in the uk. I’ve always found that the information i receive with my landlord certificate is really good and if you call them then they can advise you on how to proceed. Citizens advice are also someone good to contact for advice on how to deal with this. I know it’s frustrating but getting her to commit to a small amount over a long period of time is better than getting a CCJ against her and risk not getting any money back
I've very recently learned that tenants who are prepared to run up arrears to such a level (mine is 3.5k), rarely tell the truth and nothing they say should be believed, e.g 'I'll repay £20pm'. These are often just words to hide their immorality & dishonesty in a weak attempt to show that they really do care.
As painful as it is, accept the loss and move on; it's going to take almost a year just to get the MCOL fees paid back!
As has been said - just be glad you have the property back....
You'll never see that money again. Put the CCJ on them as fast as possible but ultimately, you might get some trickle through but i doubt you'll see the majority of it again.
Straight to CCJ. It’s amazing where money can be found when they understand your not going to be giving them a loan.
£20 a MONTH? Even £20 a week is a total pisstake… CCJ unfortunately is your best bet but even that doesn’t really mean much by the sounds of it. At least you are rid of her but I wouldn’t expect to get anything from that.
I’m paying back £50 a month on a £1.6k credit card debt I defaulted on during covid. I thought I was pretty lucky to get them to agreed to that. Should be at least £100 a month.
This is inline with what I was expecting. But she’s not willing to compromise.