Singing Pig

I have a pain-in-the-butt tenant who is always in arrears or late with his rent so after umpteen warnings, I've decided enough is enough and I have given him his two months (S21) notice to quit, at the end of December.  He's currently about 1.5 months in arrears, and if (as I suspect) he doesn't pay me anything else before the quitting date (if indeed he does leave then), he will end up about 2.5 months in arrears.  I do at least hold 1.5 months-worth of rent as a deposit.

My question is what should I do now to maximise my chances of getting back what I'm owed?  I'm pretty sure he has or can get the money, he has a well-paid job (and I know where he works, for now at least).   However, I'm worried that once he's left, and doesn't give me a forwarding address it's going to be damned hard to chase the money.

Should I put in a small claim now via moneyclaim.gov.uk, or at least as soon as I'm able - if so, how soon would that be, what sort of 'warning' does he need to receive for my claim to be successful?  And what would I claim for - just the oldest debt, or everything to date?

Or would some debt collection agency be better?

 Thanks for any advice.

I have been in your exact situation and it is nigh on impossible to legally chase your money once your tenant has left.  My tenant left on the possession date, signed his arrears statement and payment plan, paid me for a few weeks and then... changed, phones, forwarding address and job, leaving me with nothing to chase.  I am in a no win situation, despite taking him before a judge - I cannot enforce his ccj without an address, so I am told.  No fair.

You need to prepare a proper fool-proof statement.  Name, address, postcode of property and all details of the tenant (NI no. etc.) at the top.  List the date and terms of the tenancy and list all rent due dates and amounts (inc. December) and payments received.  Do not deduct your bond from this outstanding amount (this is a damage deposit, no? and is separate at the moment from the rent arrears).

 If you use a debt collector, you must inform your tenant that you are handing his debt over to an agency, tell him in writing the name of the agency. Clarify that the tenant will be responsible for interest charges which may be backdated and also collection fees of 15% (although this depends on the agency you go with).  Explain that the debt will be out of your hands and that the T will have to settle it directly with the agency and that this is his last chance 

 If you choose moneyclaim, start the process now, so you know that the documents are served on him personally at a bona-fide address.   Explain in writing again, the fact that the tenant will be responsible for all court fees, plus the court allows you to charge interest which is for his account.  If this process goes to judgement, tell him that you will proceed for an attachment of earnings, at no cost to you (he will be paying!).

Do not be emotional, do not hope for the best and take the view that he has no intention of paying you and you must do what you have to do.  Once you have initiated one of the processes you will feel better for it as someone else is helping you and your T will be on the backfoot.

have p.m.'d you, check inbox

My advice would be to not take up the s21 procedure if the tenant does not vacate. Although called "accelerated possession" it is only quicker if undefended - most tenants if they want to drag it out will defend, and it will take longer than s8 procedures.

Go for a section 8 eviction, following the issue of the relevant notice under grounds 8, 10 and 11.

If they are 2 months in arrears on the date of the court hearing, possession is mandatory. If less, you can normally get a suspended possession order (and this will hang over them like the Sword of Damocles)

It has the advantage of including a money order (if you ask for it) and this then equates to a CCJ. You may not get any rent back this way either, but at least you have messed up their credit, and the court fees are the same as s21.
 

I took my tenant to court on mandatory grounds of a section 8, also I got a money order, but it is unenforceable, so the court clerk says, as I do not have an address for my T that is accurate.  So because my T has been especially devioius, I cannot even register ccj!

pugsy:

I took my tenant to court on mandatory grounds of a section 8, also I got a money order, but it is unenforceable, so the court clerk says, as I do not have an address for my T that is accurate.  So because my T has been especially devioius, I cannot even register ccj!

This might be worth further investigation.

My understanding was that registering the money order as a ccj was automatic after 30 days.

When lending money, even if the debtor has absconded I can still do a ccj on him/her. I just have to state that this is the last known address, and the claim is then "deemed served". I then get the ccj. They are sure to pop up somewhere and the computers then make a link.
 

Thanks, it doesn't seem right to me, I shall try to pursue with last known address. 

David A:

My advice would be to not take up the s21 procedure if the tenant does not vacate. Although called "accelerated possession" it is only quicker if undefended - most tenants if they want to drag it out will defend, and it will take longer than s8 procedures.

Thanks for the reply.  This goes against the advice I've received to date - in that firstly, S21 is basically automatic, ie there can be no defence (the only possibility being witholding of rent due to the landlord failing to carry out repairs etc - well, there's certainly none of that and although I wouldn't put it past the toe-rag to invent something at the 11th hour, I gather judges are pretty wise to that as a tenant's trick).

I did do an S8 eviction before once; although I got a money order against the tenant I didn't even bother paying the extra money it would have cost me to obtain the CCJ, as I was quite certain that I would never get any money back.  Very different situation here, though.  And I'm sure this guy has the money, so all he'd need to to frustrate my S8 would be to make sure he pays me enough to tip his arrears below 2 months - the second reason for not using that route this time.  (Yes, he might well end up beneath a Sword of Damocles, but that could last indefinitely and I want him gone!)