Unpaid rent-debt recovery worth it?

[Jerry]

Have a nightmare tenant that is 6 months behind in rent and also nt paid electric/water for same period (both are sub metered from
Mains supply I pay)

Oil tank is also nearly empty as was full when he moved in and tenancy says he has to leave it full when he leaves.

his tenancy ends at the end of this months and I served him the correct paperwork a month ago to vacate the property.

Looks like he is leaving this weekend as he’s packing up his stuff.

he owes me over £8k all in.

he also owes the council his council tax fur a year and their debt recovery agents have been on site twice looking for him.

Are debt recovery agents any good at getting anything back?

When he paid rent it came from his business account and latest set of accounts, only 4 months old, show plenty of assets and cash with a profitable company.

He’s not a nice person though. Police been out at least 2 times since last spring for domestic violence reports from his wife/partner.

He’s threatened me a number of times with setting his pit bull on me, I’m not sure if is a XL or not but it’s as mean as he is and I have to be careful to keep my dogs away from it as it goes ballistic when it sees mine.

if I meet him in his car on the local lanes he will drive at me and refuse to reverse forcing me to reverse upto 500m at times. And then screams at me as I do.

on interview before moving in he was nice as pie, references all good and sound.

in 20plyz years of tenth about 7 properties on the farm I've never had an issue before do.

Maybe I’m due my dose of crap.

with his personality I’ll prob just walk away from the debt in case he does something worse.

 

[Oliveau]

Before he leaves get your solicitor involved to take him to court for the outstanding money.
We had a bad tenant 10 years or so ago and went down this route, and got the outstanding debt back by means of an attachment of earnings order.

 

[Wurzeetoo]

He sounds just lovely! Bit of a personal question but can you afford to write it off as a tax loss? If you can although it will leave a bitter taste, will be a lot less stressful and costly than chasing it in court. The fact He paid out of his business account to me would suggest he will probably be a professional tos*er and leaves His publishable accounts in poverty.

after shelling out on legal fees you could well end up with an order for something stupid like £10 a month until He goes bankrupt.

 

[serf]

As you say think your overdue a w tennant , DCBL or on the chin

 

[Werzle]

Must be mad to think about letting him getaway without paying, get debt collectors on the case . Dont agree to a pee poor repayment plan either.

 

[Flatlander]

Dealing with a prize like this man isn’t to be done with a solicitor, he will ignore it all as it’s plain to see he is a law unto his self. Hand it over to a debt collection agency. Some will be no win no fee. You’ll need everything documented fir them.

 

[Adeptandy]

Take it to court and get a CCJ, that could hurt him more than the debt will you as he’s in business

 

[Bongodog]

He sounds like a nightmare, I would make sure he has departed and get the locks changed before doing anything.
Then it would be the debt collectors, the one I've used in the past is Redwood collections, they didn't used to charge an upfront fee, obviously they then take a % of the debt repayments but at least you aren't throwing more money at it.
What does surprise me is that you have waited until he owes 6 months rent, one missed payment should ring alarm bells, two and its notice to quit/
A CCJ could well be a threat if it will screw up his business, bailiffs are a waste of time, anything they grab sells for f all.

 

[Yale]

Sounds like the sort who won’t bother filling the oil tank. Careful he doesn’t fill it with the hose pipe and there’s an inch of oil on top!

 

[Ffermer Bach]

At least they didn't call the Police and claim you were threatening them with a shot gun, and then the firearms unit take your guns.

 

[Clive]

Have a nightmare tenant that is 6 months behind in rent and also nt paid electric/water for same period (both are sub metered from
Mains supply I pay)

Oil tank is also nearly empty as was full when he moved in and tenancy says he has to leave it full when he leaves.

his tenancy ends at the end of this months and I served him the correct paperwork a month ago to vacate the property.

Looks like he is leaving this weekend as he’s packing up his stuff.

he owes me over £8k all in.

he also owes the council his council tax fur a year and their debt recovery agents have been on site twice looking for him.

Are debt recovery agents any good at getting anything back?

When he paid rent it came from his business account and latest set of accounts, only 4 months old, show plenty of assets and cash with a profitable company.

He’s not a nice person though. Police been out at least 2 times since last spring for domestic violence reports from his wife/partner.

He’s threatened me a number of times with setting his pit bull on me, I’m not sure if is a XL or not but it’s as mean as he is and I have to be careful to keep my dogs away from it as it goes ballistic when it sees mine.

if I meet him in his car on the local lanes he will drive at me and refuse to reverse forcing me to reverse upto 500m at times. And then screams at me as I do.

on interview before moving in he was nice as pie, references all good and sound.

in 20plyz years of tenth about 7 properties on the farm I've never had an issue before do.

Maybe I’m due my dose of crap.

with his personality I’ll prob just walk away from the debt in case he does something worse.

small claims court ASAP, it's very easy to do and cheap

don't bother with solicitors - they will just run up cost

document / photograph / diary EVERYTHING

alternatively refuse him access until debts are settled - sounds like that might involve employing a security guard however

 

[Oliveau]

Take it to court and get a CCJ, that could hurt him more than the debt will you as he’s in business

Then you can elevate to the High Court, and in the end with a High Court Writ the bailiffs have very strong powers to make the tosser pay. Better than using private debt collectors who really have no legal powers. But don't let him get away with it!

 

[Northern territory]

Getting them out is the main thing, if you can just about swallow the non payment it is sometimes best just to move on. I managed to get a grand back from a bad Tennant and left it at that.

 

[serf]

All the above saying don't let him get away with it !
What about collateral damage further down the road that could make the 8 K look peanuts .

If he's a head case and has got nothing to lose and the property is next to or near your own residence

Might be money well spent just letting the POS disappear .....

 

[Jerry]

Thanks for the input, some more thoughts from me:

I can afford it if it is just the outstanding rent and utilities, but I am also worried that he has trashed the insides of the property. For the last month the curtains have been draw 100% of the time so god knows what the state of the place will me. He could do £1,000's worth of damage in no time.

On advice from the agent we used we served 2 months notice as per the legal guidlines. At the time he was 4 months in arrears.

He has refused to respond to any communication, either direct from myself or from the agent. That has been email and physical letters hand posted thru his door so he has no excuse if he says he's not received utility bills etc.

All communications has been documented and saved.

Have bank statements showing non payment.

Tenancy agreement in place

I know the registered address for his business and his accountants, both are local.

Im nervous he might come back and do more damage if I rile him at all. My yard is 150m away from his property and almost next door to a large farmhouse used as a high end holiday let.

But I feel royally pee'd off if he gets away with it, would hate to be his new landlord.

I do not know where he is going to, but it is local as the van packing his stuff up makes a round trip in less than an hour, its not sign written so just a man with a van or one of his mates I suspect.

If going to the court route Im guessing I would need his new address, or could I send things to his companies registered address or his accountant?

 

[Levelsman]

Thanks for the input, some more thoughts from me:

I can afford it if it is just the outstanding rent and utilities, but I am also worried that he has trashed the insides of the property. For the last month the curtains have been draw 100% of the time so god knows what the state of the place will me. He could do £1,000's worth of damage in no time.

On advice from the agent we used we served 2 months notice as per the legal guidlines. At the time he was 4 months in arrears.

He has refused to respond to any communication, either direct from myself or from the agent. That has been email and physical letters hand posted thru his door so he has no excuse if he says he's not received utility bills etc.

All communications has been documented and saved.

Have bank statements showing non payment.

Tenancy agreement in place

I know the registered address for his business and his accountants, both are local.

Im nervous he might come back and do more damage if I rile him at all. My yard is 150m away from his property and almost next door to a large farmhouse used as a high end holiday let.

But I feel royally pee'd off if he gets away with it, would hate to be his new landlord.

I do not know where he is going to, but it is local as the van packing his stuff up makes a round trip in less than an hour, its not sign written so just a man with a van or one of his mates I suspect.

If going to the court route Im guessing I would need his new address, or could I send things to his companies registered address or his accountant?

Probably won't be getting his Deposit back, then?

 

[Jerry]

Probably won't be getting his Deposit back, then?

Well that’s £1k on my side of the cash book I can get my hands on at least.

 

[glasshouse]

Well that’s £1k on my side of the cash book I can get my hands on at least.

Just let it go
Put it down to experience

 

[Foregoneconclusion]

It's a really odd area of law.

Even if you can demonstrate the fella owes you rent or a company.. all they have to do is bankrupt themselves..

I have been battling to recover a debt for 2 years now using all the correct channels.. but unlike your case ..I don't know exactly where the fella lives..

He hasn't responded toa letter b4 action and we are poised to go to court..but then what.. if h'e no money..then no bueno.

He/ they have left an asset on site that has value but nothing close to the rent owed.

Do i take possession and sell what i can ? It seems the law is against me there too..cos if there is a charge against the asset i get nowt..

Why can't folk just be honest...

 

[glasshouse]

It's a really odd area of law.

Even if you can demonstrate the fella owes you rent or a company.. all they have to do is bankrupt themselves..

I have been battling to recover a debt for 2 years now using all the correct channels.. but unlike your case ..I don't know exactly where the fella lives..

He hasn't responded toa letter b4 action and we are poised to go to court..but then what.. if h'e no money..then no bueno.

He/ they have left an asset on site that has value but nothing close to the rent owed.

Do i take possession and sell what i can ? It seems the law is against me there too..cos if there is a charge against the asset i get nowt..

Why can't folk just be honest...

Rents are far too high.
Tenants cant afford to pay it.
You cant get blood from a stone