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  • Legal FAQs

    Tracing ex tenant and suing for arrears

    A couple of years ago I took part in a government survey.

    One of the questions asked was whether I was in receipt of any benefits(apart from child benefit). I responded that I wasn’t, the interviewer said that for every household that doesn’t receive any benefits then one does, so I guess that according to his observations 50% of all households are receiving some form of benefit.

    Must say I was very surprised at the scale of this!

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    ONS say that when London wages are excluded from UK total - average individual wage outside London is just £17550 pa gross - suggesting that CTC/WTC claims are widespread - and almost 20% of households claim HB/LHA.

    Plus even with average non London wage at £17550 - millions will be earning less.

    Over 25% of all UK workers (8 million plus) are working part time.

    Most of the circa 5 million S/E group are thought to be earning less than min wage.

     

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    Last stats I saw said 51% of UK households are net takers from Tax/Welfare system.

    For this debate I would exclude Child Ben/SP and Disability Benefits as they do not mandate a low income - but CTC/WTC/KB/LHA are obvs means tested against household income which needs to be lowish to qualify - hence a Tenant claiming latter would not usually be earning 35 x monthly rent each year.

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    Well said Adam_ . We are meant to be supporting each other, not being a 'mr no-it-all' and gloating over others' misfortunes.

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    Thanks for the reply. This is a first in over 10 years and tenant was self employed contractor so not sure if he would have been accepted for insurance. Was also professionally managed.


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    what a stupid comment.  

    suing is a perfectly legitimate alternative to insurance.  I think insurance is morally wrong if insurers dont pursue the tenants and why should they...just increase premiums for the likes of you to pay!

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    A large percentage if my tenants would not be eligible for rent guarantee insurance1, either laid up front or added as an "extra" each month. 

    TBH I view RGI as another jolly good wheeze by the financial services sector. They offer insurance to people who would never (or almost never) need it whilst preventing whose who may use it from accessing the product. 

    I have been doing this b2l thing for 25 years and have had 1,000's of tenancies across the whole range of price points. I could probably count less than 5 instances where a tenant in work, with a deposit and no CCJ's has cost me money.
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    Andrew McCausland

    Hamilton Square Estates Ltd

    Wirral Property Group Ltd

    Sourcing and renovating investment property since 1994


    There are plenty of online tracing agencies around. The question you have to ask is whether you will recover any money from this tenant as if they do not have anything, then you will simply be throwing good money after bad. You have mentioned that they are a self employed contractor which does not necessarily bode well for being able to recover money from them as they could simply go bankrupt or carry out a lot of work cash in hand.

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    Hi Mark,

    Property Tribes partner Landlord Action offers this service.  Find out more >>> here, or call them on  0333 331 4227.

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    I would go to Landlord Action without hesitation.  However, as one of the comments above has said if they are self employed it does not bode well to be able to get your money back, as the most obvious way (further to court action) is to obtain an Attachment of Earnings, but the person has to be on PAYE for that (ie. not self employed). 

    Did they have a fancy car or any other assets that might help repay you?  If not, you may be wasting your time, but I applaud your efforts on behalf of all future landlords of that tenant and it may well be that you are able to claim something from them. 

    Search social media etc, you may get lucky on further information and a tracing agent should not cost alot.

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