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View Full Version : T owes £3000 rent; has L any hope of recouping all/any?



Tabskitten
29-07-2010, 17:39 PM
huge mess!
basic is I am a novice LL and had a DSS tenant who is 3K in arrears and a letting agent who let it get this bad! I am trying to sort all this mess out, have issued sec 21 to get her out but am wondering if i have a hope in hell of getting anything back for her arrears?

She has no job, claims no money and as I am in manchester and the flat in bristol i have no idea what assets are in it. I am tempted to try find a dept collection agency to try and get something/ anything back as I think it is disgusting that she be allowed to get off Scot free! The CAB were no help, she has put us in massive financial difficulty so i cannot afford court fees or solicitor fees and do not want to throw any more money at the situation anyway only to find that as she has no assets we end up with zilch for the effort!

Or bailiffs? Can we send in our own? The LA said she has a xbox and plasma tv probably paid for by the DSS payments inshould have got!?

Btw, yes the council did start paying me direct after 2 k arrears but they then. Suspended payments whilst investigating her partner who had unbeknown to us moved in with her hence increasing arrears?

Many thanks any help!
Tabs

jeffrey
29-07-2010, 17:59 PM
1. Ignore that T is claiming benefit.
2. Keep calm.
3. Instead, focus on:
a. what T should pay; and
b. what T actually pays.
4. You have served T with Notice under s.21.
5. Now serve T with Notice under is.8 (on grounds 8/10/11, I assume). After the 14-day Notice period, begin proceedings.
6. Consider terminating Agency Agreement too- why pay someone to screw up on your behalf?

Tabskitten
29-07-2010, 18:08 PM
1. Ignore that T is claiming benefit.
2. Keep calm.
3. Instead, focus on:
a. what T should pay; and
b. what T actually pays.
4. You have served T with Notice under s.21.
5. Now serve T with Notice under is.8 (on grounds 8/10/11, I assume). After the 14-day Notice period, begin proceedings.
6. Consider terminating Agency Agreement too- why pay someone to screw up on your behalf?

Thank you for your reply.
Believe me i am well past the point of getting worked up over this, so am quite calm thank you, but regardless my question is more is there any means now, that I can use to try and get arrears paid or at least a bit made up for? Or is it a total write off?!
Thank you
Tabs

thesaint
29-07-2010, 18:11 PM
I doubt anyone here knows your tenant better than you do.

You can get a judgement for the arrears, but you have little hope of seeing any of the money.
Why don't you sue a Sec 8 to get rid?

Tabskitten
29-07-2010, 19:40 PM
I doubt anyone here knows your tenant better than you do.

You can get a judgement for the arrears, but you have little hope of seeing any of the money.
Why don't you sue a Sec 8 to get rid?

Does it not cost us more to go to court for the sec 8 way?
The DSS payments have been reinstated for the moment so i do not really mind her staying the eviction sec 21 two months if i am getting rent for it. Well that is what makes sense to me but I could well be wrong! Was very wrong in letting a DSS in in the first instant!

Tabskitten
29-07-2010, 19:41 PM
P.s. Have just been looking at dept collection agencies online and that option is. Begining to look attractive!

Snorkerz
29-07-2010, 20:36 PM
Does it not cost us more to go to court for the sec 8 way?
The DSS payments have been reinstated for the moment so i do not really mind her staying the eviction sec 21 two months if i am getting rent for it. Well that is what makes sense to me but I could well be wrong! Was very wrong in letting a DSS in in the first instant!

Section 8 is marginally cheaper -£100 online instead of a s21 which requires paper submission and costs £150. An s8 also comes with an order for the missing rent.

HOWEVER, an s21 does not usually involve a court hearing - an s8 does, and it will be in Bristol. However, any action you begin to get that money back will be in Bristol.

Your chances are minimal of getting any court order enforced because the plasma TV is possibly on HP and the Xbox is worthless in terms of bailiff recovery. TV may even be rented.

Debt collectors know that there is minimal chance of recovery from a benefits claimant - so they will either charge you a huge up-front fee to try and recover it, or the more honest ones will simply decline to act for you. The debt collectors are going to have to go to court to get an order anyway before they can really get serious.

I hope you have a nice chunky deposit from them to off-set some of this loss? Why did your agent not get a guarantor for these people - he knows that benefits claimants (who want to be difficult) can be much more costly than working tenants.

I truly can sympathise - I had a very similar problem last year, my property is a similar distance away as yours.

Tabskitten
29-07-2010, 22:34 PM
Am confused as so far everyone like LA etc has said sec 8 will end up being more costly as solicitor needs to drawvit up and then going to court is costly too?
Very out my depth really and all advice is being conflicting.:confused:

rajeshk4u
29-07-2010, 23:51 PM
That is one of the problems of not having a property close to you, so you don't know what is going on.

When it comes to DSS, I usually let my letting agents deal with that, since they have better experience. Find out if your agents are any good at dealing with the DSS. Also how do they take their commission? Have they taken it all upfront? Or is it monthly on-going basis?.

If your letting agents seem rubbish, find another one that has experience and willing to help you sort this problem.

I suggest you take the train to Bristol and spend a weekend there and meet the tenant and the agency.

When you meet these people, You will instantly have a picture and you will know if your tenants or perhaps the DSS has stopped the rent for some genuine reason (I know they sometimes stop, just because the tenant did not bring some paperwork in). Also, have a look at the condition of the property.

If you work with this tenant, you will have some hope of recovering your arrears (it may take a long time).

Debt collectors have no right to take away goods....

Also, how did the arrears pile up? Was it over a period of time?

Snorkerz
30-07-2010, 08:36 AM
Am confused as so far everyone like LA etc has said sec 8 will end up being more costly as solicitor needs to drawvit up and then going to court is costly too?
Very out my depth really and all advice is being conflicting.:confused:Cobblers. There are many hundreds of people who, with the help of this sites members, have successfully done a s8 themselves. It really isn't rocket science. Me thinks the LA may be getting a kick-back from his recommended solicitor.

The relevant form to issue a s8 is here: http://www.landlordzone.co.uk/members/download.php?f=Section8Notice.pdf

You commence court proceedings here: www.possessionclaim.gov.uk (http://www.possessionclaim.gov.uk)

The grounds for seeking possession are here: http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=housing+act&Year=1988&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2128236&ActiveTextDocId=2128476&filesize=4438

And here's some extra notes: http://www.landlordzone.co.uk/members/download.php?f=servingS8.pdf
http://www.rla.org.uk/landlord/documents/rent_arrears/complete_courtPapers.shtml

Tabskitten
30-07-2010, 13:24 PM
Snorkerz thank you very much for that I am looking at it all now, the l
lA has been in touch wanting to issue sec 21 today as he goes on holiday next week eek!
Not sure really what to do!

thesaint
30-07-2010, 14:36 PM
Snorkerz thank you very much for that I am looking at it all now, the l
lA has been in touch wanting to issue sec 21 today as he goes on holiday next week eek!
Not sure really what to do!

You can issue the Sec 21, and do the Sec 8 later.
It's always best to issue both in any case.

Tabskitten
30-07-2010, 14:51 PM
Thanks thesaint, my husband has just phoned and said that he has told LA to issue both, does that mean that we pay for both through? how does that work?
Think noe that i have found this forum i am going to sack the LA, better off doing it myself with help of people like you!!
Thank you all so much for helping a novice numpty!!