9:40 AM, 2nd February 2024, About 5 months ago 50
Text Size
Hello, I rented out my only house in April 2022 due to a job opportunity in a different city. Two months into the agreement, the tenant claimed job loss and sought support from DWP and the council. Throughout the process, the tenant was uncooperative and failed to provide evidence for her claims. Unfortunately, I couldn’t evict her until waiting at least four months to serve the notice.
I had full landlord insurance covering rent arrears and legal expenses. To secure the property, I requested a guarantor through the agency, who underwent a credit check and signed the agreement.
When the tenant fell into rent arrears after four weeks, I filed a claim with the insurance. However, after two months of document verification, they denied the guarantor’s liability due to the absence of a signed guarantor deed. This resulted in a cancellation of my claim, causing not only the loss of precious time but also additional expenses.
Furthermore, I came to the crucial realization that the tenant and the agency were collaboratively involved in this situation, even though I lacked solid evidence to substantiate my claim. They even share family connections, adding to the complexity of the matter. In summary, I found myself as a victim of this intricate scenario, with no alternative but to disengage.
Simultaneously, the tenant continued to send emails asserting that she had applied for DWP assistance to cover the rent. Taking matters into my own hands, I reached out to the officers and discovered that she had been receiving housing elements for over three months (since January 2023) and retaining the funds without allocating them toward rent.
Despite submitting applications for a Direct Rent Payment on more than 20 occasions, each time the tenant intervened and canceled the requests. Despite my complaints to DWP’s case manager and multiple requests for contact, including escalated phone calls, they consistently ignored me. Consequently, the tenant persists in occupying my property, making no rental payments, and receiving DWP’s housing elements for over 13 months.
I enlisted the services of a reputable solicitor (based on reviews, etc.) to serve the notice, and my hearing was scheduled for August, experiencing delays due to court backlogs. During the hearing, I was informed that the solicitor failed to allow an extra two days for the postage process, resulting in a one-day shortfall, causing me to lose the court case and necessitating a restart. Subsequently, I engaged another solicitor to serve both notices, 8 and 21.
However, as I prepared to apply for court proceedings, the tenant initiated a breathing space application, hindering my ability to proceed. Attempts to cancel the breathing space due to non-payment and accumulating debt were unsuccessful, as they favored the tenant, who was engaged in fraudulent activities, and I provided evidence to support my claims.
In January, I attended another hearing where I obtained a possession order and a money order totaling more than £18k. The court granted permission to transfer the case to the high court, extending the tenant’s time from two to four weeks. However, just four days prior to the expiration date, the tenant reached out to the court, seeking an extension due to her ongoing application with the homeless team. The court contacted my solicitor, but as he was in a meeting, despite not providing us with enough time, the court proceeded to make a decision in only two hours after their phone call, granting the tenant an additional four weeks to stay in my property without paying rent.
I’ve submitted an additional application to set aside the previous decision and prompt a reconsideration. It is evident that the tenant is employing a mere delay tactic, attempting to prolong her stay to secure more housing benefits and accumulate additional income. As of now, she has received over £11k. Despite my persistent efforts to follow up with the court on a daily basis, they do not appear to be proactive, unlike their swift response to the tenant’s requests within a few hours.
I genuinely require assistance and advice to determine whether a judge can alter their decision without substantial evidence, especially since their secretary confirmed the absence of evidence from the tenant, who is not facing extreme difficulties.
As previously stated, this property is my sole possession. Losing a job opportunity in London has compounded the financial strain, as I must fulfill mortgage and rent obligations due to a non-paying tenant. Consequently, I am at risk of losing my house and facing homelessness, having depleted all my savings accumulated over years of work without any assistance or support.
Given the tenant’s familiarity with the system and its loopholes, I am seeking guidance on options to recover my owed funds. What are the most effective strategies for handling this situation, including any procedures involving banks?
Additionally, I need clarification on when and how to establish contact with the high court. During the hearing, the judge mentioned that the high court bailiff would evict the tenant the day after the specified 28 days. However, upon reaching out to several companies, they advised that acquiring the right would take a few weeks, followed by the need to serve another notice independently.
I am also interested in understanding the avenues available for filing complaints against the DWP. Despite my consistent efforts, spanning 13 months, which include numerous contacts, letters, and reports urging the discontinuation of payments to the tenant to encourage her to vacate my property, it appears that the DWP is aligning with and supporting her.
Feeling trapped in a relentless cycle of this problem for over 22 months, any assistance and advice you can provide will be genuinely appreciated.
Thank you for taking the time to read and consider my situation.
Previous Article
Existing tenants in auctioned flat?Next Article
2024 Property Market Predictions - With John Howard
Happy housing
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up7:52 AM, 7th February 2024, About 5 months ago
Reply to the comment left by GlanACC at 07/02/2024 - 07:48
I thought as much. My call with dwp has not been good as they made an over payment and asking for the money back I asked them what about the tenants arrears they did not seem bothered saying u need to get a solicitor.
GlanACC
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:13 AM, 7th February 2024, About 5 months ago
Reply to the comment left by Happy housing at 07/02/2024 - 07:52
actually, it is worth sueing the tenant at the address they were last known as for £300 using MCOL as this is very cheap (currently £35.00) as this will give the tenant a CCJ which IS registered with the credit reference agencies. This means that should the tenant try and get a loan or mobile phone later on then this CCJ will prevent them from doing so.
Happy housing
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:15 AM, 7th February 2024, About 5 months ago
Reply to the comment left by GlanACC at 07/02/2024 - 08:13
They already have a ccj. Still not sure I can recover the costs plus damages
GlanACC
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:51 AM, 7th February 2024, About 5 months ago
Reply to the comment left by Happy housing at 07/02/2024 - 08:15
Obvious answer, if they don't have any money then no. In one of my other businesses (not property letting) I reguarily give people CCJs. Bailiffs are a waste of time so I only chase debts > £600 so I can use the high court sheriffs, even then probably only get a result 25% of the time. You have to know when you are flogging a dead horse and its time to give up and write off the debt.
TheMaluka
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:03 AM, 7th February 2024, About 5 months ago
Reply to the comment left by GlanACC at 07/02/2024 - 08:51
Regrettably all defaulting tenants are 'dead horses', I have yet to receive a penny from any of my CCJ's.
Happy housing
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:08 AM, 7th February 2024, About 5 months ago
Reply to the comment left by GlanACC at 07/02/2024 - 08:51
What about baliffs and a payment plan.
GlanACC
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:25 AM, 7th February 2024, About 5 months ago
Reply to the comment left by Happy housing at 07/02/2024 - 09:08Nope, bailiffs generally don't work and Sheriffs won't take anything unless it will cover the entire debt. A payment plan may allow you to get something back BASED on the plaintiffs income (I have several people paying me on a payment plan varing from £1 a month to £26 a month). Alternatively the plaintiff will go for an IVA or a DRO or even bankrupty so you will not get anything back.
Happy housing
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up9:40 AM, 7th February 2024, About 5 months ago
Reply to the comment left by GlanACC at 07/02/2024 - 09:25That sucks, there is no write off debt its coming out the pocket less money just have to face it.
Kate Mellor
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up17:35 PM, 14th February 2024, About 5 months ago
Reply to the comment left by never be a landlord at 02/02/2024 - 12:09
Dear ‘never be a landlord’, I'm absolutely appalled at what you've been put through! As a professional landlord I would never let out my main residence knowing what I know.
It sounds as though you've been badly let down at every step of the way. The mistake your first solicitor made is really so basic and fairly unforgivable for a professional. The trouble is so many solicitors have zero experience with landlord and tenant law in practice. If yours did, they would have seen this one coming a mile off. You have a clear case there for a successful complaint. Just follow their complaints process and escalate if necessary.
Please check your home insurance policy and see if you have legal expenses cover, because you can use this!
If not, you could look to a "no win, no fee" solicitor for any claim you might make against your agent going forward, as although they will take half of any money awarded, they don't get anything if you don't, so half is certainly better than nothing, and at no extra risk to you.
Your agent has failed to properly execute the deed of guarantee which has now caused you a significant loss. You have questioned the ethics of their conduct. You should request copies of everything they have on file for your property and your current tenant. How did they source this tenant? Did they advertise? Did they carry out any other viewings. Did they carry out any referencing to check for CCJs? In other words, did your agent carry out their due diligence and discharge their duty to you to the best of their abilities? You need to know what was done and what wasn’t done, and you need to be able to prove it. It’s all stuff that might be asked for if you decide to claim against them for your losses.
Your agent should be a member of a redress scheme. Find out which one and raise a complaint over their failure to obtain correct signatures on the guarantor deed, along with their undisclosed conflict of interest with the tenant. If you pursue any claims against the agent, be careful to pursue directors by name and not the company, because unless the company has assets you will wind up with nothing. Do they have professional indemnity insurance?
There is a website called Trustonline.org.uk that you can use to search for existing CCJs and previous evictions which might prove that your agent hadn’t been diligent if these were already on record. The search is between £6-£10.
If you need any help with UC then Bill Irvine is your man. What he doesn't know about UC isn't worth knowing and he regularly challenges councils on their handling of cases and to me, yours sounds like a worthy example. I'd certainly be asking him for his help and following his advice to the letter, (bill@ucadvice.co.uk). Have you made a formal complaint through UCs complaint process? This is always the first step.
Have you written to your MP, outlining your case in detail? You should do that as they may have some influence with UC to at least instigate someone looking at your case and reporting back to someone more senior.
You mention that you already have a possession order AND a money order. You should read all the relevant online guides published by the HM Courts and Tribunals Service on their Gov.uk website. First read EX321, this is an overview of what your options are if your debtor doesn’t pay you. You can action any of these yourself quite easily without paying a solicitor to do it. You should read EX324 about applying for an order to obtain information. This requires the debtor to come to court and be questioned under oath. If they fail to appear they can be arrested. you must complete Form N316 (Application for an order that the judgment debtor attends court for questioning). You can get the form from hmctsformfinder.justice.gov.uk. You must make the application to the County Court hearing centre where the debtor resides. You can find this at courttribunalfinder.service.gov.uk. You can do this at any time within the 6-year validity of the money order.
You might then decide to apply for a warrant of control (EX322), if the debtor has anything of value, such as a car or caravan etc.; or an attachment to earnings (EX323), if the debtor gets another job; or a third-party debt order (EX325), if they have any money in a bank account. If you do decide to go with any of these options my strong advice to you is to pay the small cost of using a private local bailiff to serve the papers. I will NEVER AGAIN use a county court bailiff. They are worse than useless and just waste your time. They just pop over during working hours and tap on the door with a sponge before slipping away and forgetting all about you. Tenants like yours are well acquainted with how to avoid being served notices from the court. A private bailiff will use trickier means to serve your tenant and they WILL be served!
I don’t have any experience of evictions by the high court enforcement officers, but I believe once they are instructed, they must give a notice period of at least 14 days to the tenants of the date and time of the eviction.
I’m sorry this is soooo long, but I hope there is something amongst this lot that will be of some help to you. I really feel for you.
BobbyBisto
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up21:53 PM, 24th February 2024, About 5 months ago
Reply to the comment left by Southern Boyuk at 02/02/2024 - 11:10
Very extensive referencing is essential