23

Jan, 2017

Monday

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  1. #1

    Default Tenant may do a bunk before I can do judgement

    Hi

    My tenants have rent arrears - we have a court possession date but they are likely to wait for the bailiff date.

    I have made a Money Claim on line - but the 14 days for response is effectively after the court possession date.

    Can judgement still be made if they don't respond within the 14 days if they do a runner? Obviously they aren't going to leave me a forwarding address.

    I am not expecting to get paid but want to stop them doing this to future landlords.. plus when they took the tenancy the husband had a very good job... so assuming the judgement can be made and it lasts 6 years.. am hoping to be paid in the future.

    Many thanks

    Claudette

  2. #2
    Join Date
    Sep 2016
    Posts
    482

    Default

    Your MCOL claim doesn't depend on the tenant sitting it out, but you'll have to find him again to enforce the order. At least it will be registered as an outstanding judgment (and warn others who search); whereas had you made a money claim as part of your possession proceedings (assuming they were not accelerated proceedings), the judgment would have been obtained with no additional fee, but NOT be registered unless you took enforcement action.

  3. #3
    Join Date
    Aug 2010
    Posts
    2,113

    Default

    They are obliged to inform you and the court of a changed address for service. If they don't, and they don't attend they will lose by default. You will eventually find them again.

    Not passing on their changed address will do them no favours. So just proceed. Send an email to the court after they have left to ask the court whether they have been informed on an address for service and repeat the query every 2 weeks. Your main problem is to make sure you can PROVE that the address for service was valid before they left. The bailiffs ejecting them will suffice.

    Keep going.

    And well done for starting the MCOL during the tenancy.

  4. #4

    Default

    That's great news thanks for your replies

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