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View Full Version : Can someone help me on what to do next?



Ann.C
31-03-2010, 13:26 PM
I applied via MCOL for rent arrears of £2,000. The tenants did not return their defence on time and on 11th March I began the online process to ask for Judgement but was then faced with the usual "£100 please before you can pass go". Needed to check my bank statement so just saved the judgement. The next day the tenants defence arrived from both tenants; one didn't admit owing anything and other tenant admitted half both tenants though both offered £100 a month. I returned the N225 form refusing their offer and asked the Courts to award me the full amount including costs and at £100 per month off both tenants and via an attachment of earnings as there is no way I will get anything any other way.

I have now had all my forms and the tenants defences returned to me with a one liner letter saying "the judgements of 11th March stand payable forthwith". Apparently this means that my original attempt to ask for Judgement and which I haven't acted on because I had received their defence must now be withdrawn before anything can happen unless I want to go ahead and have the Bailiffs attend to seize goods. I doubt they would have goods to the value of £2,000 and will accept £100 from both of them preferably via an attachment of earnings as they are both working. However, when their forms were returned to me there was a BC15 and BC22 determinations form attached to the front which states "Defendant's offer £10and Claimant's request £100", not sure where the £10 has now come from.

Their list of incomings and outgoings are a work of fantasy and they claim that two children live with them, when they don't. The female tenant also claims to be receiving child benefit of £60 per work, however I am assured by neighbours that no children have ever lived there and have checked with Childrens Services and they also say that no children are registered at the property.

Where do I go from here. The Court say I have to send £40 and a Form
N.244 asking for my original judgement to be set aside but then what do I need to do. Do I send a request for the tenants to attend the court to prove their financial claims (N316) which means I would need to have the case moved to their local county court from Northampton. Does that involve filling out yet another form before I send in the N316.

This is starting to wear me down!

mjbfire
31-03-2010, 13:38 PM
You say "This is starting to wear me down! ", thats thier point. And seem to know the system, so I would either write of the money or get a specialist lawyer onto it(Which of course cost more money).

Are they still living in the P, or have moved out?

If they are still living there, as per previous thread today, about a court case, don't come to any agreement(especially written) with them as may create another AST.

Ann.C
31-03-2010, 14:03 PM
They have hopefully moved out. Today is the last day they should have the keys. I have been told they have been moving their belongings out since Saturday and are now the responsibility of some other poor unsuspecting landlord. I am literally just waiting to hear from my brother what state they have left the house in.

I think it will be worth an hour with a solicitor to decide which route to take. Can anyone recommend a decent firm who know housing law?

I have of course raised my suspicions about the female tenant falsely claiming child benefit with the necessary authorities!

mjbfire
31-03-2010, 14:17 PM
Just because they moved there stuff out, it does automaticily end the tennancy, unless it's done by the ballif.
Who checking them out and are the T going to be there?
Have they told you in writting that they leaving the P today, if not it's best to get a surrender document from them, or they could sue you for "Breach of QE"/Harressment or legal eviction, if you enter the P, to offset the rent.

As per the lawyer, there are some who use this forum, who can point you to one.

Good Luck

Ann.C
31-03-2010, 14:41 PM
The Court ordered them to vacate by today and we received a phone call from the tenant on Friday saying that they would be complying with the order and leaving by today. I did ask them to contact the Letting Agent to arrange the surrender of the property but they haven't done so far.

They have apparently been moving their stuff out all weekend including the dog and cat and have told all the neighbours that they have found somewhere to live and we have actually been helping them move! Not quite sure how that is happening as we live 250 miles away.

There is no forwarding address for them and therefore we have no chance of getting them to sign anything after today. If the property is completely empty tonight then I am going to take a chance, change the locks and keep my fingers crossed.

The rent claim only covered up to February's rent, this months wasn't included as I intend applying for their deposit to cover the rent for March. I knew that they would just walk away without handing keys back etc and not let the agents in to check the property. I have been trying for 3 months to get them to allow a gas inspector in to check the gas appliances etc as the certificate has run out, and they have totally ignored all phone calls and letters requesting entry for the gas inspector (Certificates of posting for every one just in case). I did write to them and tell them that they continued to use the gas appliances at their own risk and if they died as a result - tough! (Not really in those exact words).

mind the gap
31-03-2010, 14:44 PM
I think that if you have a court order for possession and they have moved all their stuff out by this evening you can safely assume that they have complied with it and ended the tenancy.

In the very unlikely event that they came back and claimed illegal eviction, you have enough evidence to satisy a judge that the tenancy has been ended. Don't worry.

mind the gap
31-03-2010, 14:48 PM
Just because they moved there stuff out, it does automaticily end the tennancy, unless it's done by the ballif.



I think this is misleading.

First, because I think you meant to say 'doesn't' (rather than 'does').
Second, because the advice is not really relevant here, for the reason I have explained in my post above.

mjbfire
31-03-2010, 15:03 PM
I didn't know whether there was a court order, and just giving advise incase there wasn't one. And sorry if my statement was misleading(Keyboard must have got stuck :).

I still stick to my statement that a proper checkout should be done, incase of any damages, but wouldn't go alone.

Ann.C
31-03-2010, 15:19 PM
My brother is going to the house with his wife and the next door neighbour is also meeting them there. I have told them to take his camera which puts the date on the picture as well.

So long as they haven't pulled the cupboard doors off or smashed anything I can take anything else.

I now just need to decide what to do about getting my rent arrears.

mind the gap
31-03-2010, 16:15 PM
My brother is going to the house with his wife and the next door neighbour is also meeting them there. I have told them to take his camera which puts the date on the picture as well.

So long as they haven't pulled the cupboard doors off or smashed anything I can take anything else.

I now just need to decide what to do about getting my rent arrears.
If the deposit covers it, apply to the protection scheme to claim it.
Otherwise you will have to issue a money claim online for it, as with any debt. See:
https://www.moneyclaim.gov.uk/csmco2/index.jsp

Ann.C
01-04-2010, 07:30 AM
Gained access last night, tenants have left several little presents (well their pets did!) all over the carpets and leather settee. But at least they have gone.

Going to make an appointment with Citizens Advice next week to see how I can take my MCOL claim forward as I have to ask the Court to set my original judgement aside for the full amount via Bailiffs visit so I can go forward with the monthly payments offered from the tenant. Just not sure what forms to now complete and in which order etc.