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  • Tenant Referencing

    Would you take tenant with CCJ?

    Hello John,

    Excluded occupier,  a family member lives in one of my properties, as such everyone who comes to stay at that property is an excluded occupier.

    Tenant Apprenticeship, when a prospective Tenant does not have evidence of a reliable track record of making payments for their accommodation, they then fail the Tenant Check and not offered a tenancy.  Instead of just turning these people away, there is the option to allow them to stay with us on a temporary basis at guest accommodation ( as an excluded occupier ), this allows them accumulate a track record of payment for their accommodation ( or not as the case maybe ).  After 2 or 3 months, if the payments are relaible, they then pass the Tenant Check and can be offered a tenancy.

    Arran.


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    Thanks Arran.

    So presumably the family member has to be your official tenant, and then anyone else who lives there is a sub-tenant and therefore an excluded occupier?

    John


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    John,

    Here is the link to the legislation

    https://www.legislation.gov.uk/ukpga/1977/43/section/3A

    It is not retrospective, any tenancies that existed before your family member moved in are not affected.

    Tenants can be called upon by the court to testify as to the trueness of your family members tenancy, ie. your family member does have to live there, it does need to be their primary residence.

    If it turned out that your family member was not living at the property, the family members tenancy would be a sham, and thus any guests would automatically be afforded full tenancies.

    Regards

    Arran.

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    I know this is an old post, but I wouldn't touch a potential tenant with a CCJ with a bargepole. Wait for a more reliable tenant.

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    It surely must depend.

    You must know how useless many merchant retailers are.

    They make mistakes.

    This can cause a CCJ which the tenant prospect was unaware of.

    So it is all a matter of degree.

    But of course 1 CCJ means no chance of RGI qualification.

    So you can't really have a blanket approach.

    One needs to dig to assess how the CCJ came about

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    How much detail does the CCJ go into though? Does it state specifically it was for non payment of rent, or the catalogue mistake earlier on in the thread? Is there a value of the amount stated as well? Not seen one (thankfully) so I don't know.

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    No a CCJ doesn't give much info.

    This needs to be obtained from the tenant prospect.

    Very few tenants have CCJ for rent default because LL don't bother.

    Waste of time and money.

    County Courts accept lies and it seems the concept of perjury doesn't exist in the civil courts.




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    "I know this is an old post, but I wouldn't touch a potential tenant with a CCJ with a bargepole. Wait for a more reliable tenant."

    I can understand where you're coming from, I used to feel the same way however Paul explains it well - it depends. There could be multiple reasons why a tenant has a CCJ. It could have been something they were unaware of, or even years ago at a dark time in their life where they may have learnt their lesson.

    Anyway, I started this post over a year and a half ago, and can confirm not only is the tenant still with me, he is one of my best tenants. He has fully refurbed the place (he is a builder and we agreed slightly less rent in return for improvements), he always pays rent on time, good comms, what more could you want?

    I haven't increased the rent and don't plan on doing any time soon because the value I have gotten from this tenant is worth more than a few extra £100's a year!

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