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Antsy

Tracking Down Dodgy Landlord

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Our ex landlord has basically done a runner with our deposit. We have a county court judgemeent against him, but as anyone who has followed this route knows, actually getting hold of the money is the hard bit. Despite being a landlord he is currently living in a housing asssociation home (grr), but has managed to put the baliff off on the occasion he was visited. I've now found out he is being re-homed as the block is being redeveloped. Anyone have any idea how to get a forwarding address for him? I'm not a stalker - I'd just like the £600 I'm owed back!! Especially from someone who has managed to grab a flat that would otherwise have gone to someone deserving, not a greedy man with properties all over London who sstill feels he has a right to my money as well as his ill-gotten BTL ...

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How did he "put the baliff off" ?

Unfortunately it is very very difficult to find someone who does not want to be found these days, due to Data Protection and the like. My only suggestion, may sound bad but it genuinely is all I can think of, is somehow find out the day he is leaving, and follow him to see where he goes. You can use tracing companies, but you have no guarantee that this will work.

However, there are some other options of enforcement other than via baliff. My suggestion is to follow up one of these other enforcement options ASAP, before he moves house. Shall post details of the other methods in two seconds.....

1. Warrant of Execution - cost £50 - useless against a debtor who has no vehicle which is not on HP and/or refuses the bailiff access to the house or who has insufficient goods to warrant removal.

2. Attachment of Earnings - useless against a person not in employment.

3. Garnishee Order (now called Third Party Debt Order) - useless against a person who has no bank account and potentially unsuccessful against those who do have a bank account but no money in it!

4. Charging Order - useless against a person who does not own their own property.

All the above cost either £40 to £60 a go

Certainly my first thought is to get a charging order ASAP. A charging order does not get you your money, but it does guarantee it at some point - it means he cannot sell the property without paying you. That said, presumably he must have a bank account or a job, so options 2 or 3 are possibilities.

Edited by MrShed

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Was he made to pay a "forthwith" judgement(whole amount by a certain date) or an installment judgement? In either case, is he now late on payment?

think it was a forthwith judgement... I already have an enforcement order and also a warrant out for him to attend court for questioning about his finances. All this was applied for while I was doing teacher training so we didn't have to pay fees owing to low income. But getting the balliff to be able to serve the orders is the problem owing to the lack of address. He doesn't own the home according to the land reg - only the HA is named.

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So hang on....he doesnt actually own the property you are talking about? Is it rented to him? Sorry I thought you meant he lived in a HA property but owned the one you lived in!

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So hang on....he doesnt actually own the property you are talking about? Is it rented to him? Sorry I thought you meant he lived in a HA property but owned the one you lived in!

oh - it's worse than that. The place he lives in is a HA rental and he DID own the one we lived in, but his girlfriend 'bought' it 3/4 of the way through our tenancy (found this out after we moved). So we can't get an order on the proceeds from it. Don't worry - after I have my money I fully intend to set the inland revenue on him and his dodgy lady. Must be a lot of capital gains tax owing, not to mention income tax on the rent?

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Perhaps it's time there was some system for holding deposits, something like an escrow system, whereby the landlord would not actually receive the deposit but it would be held somewhere 'secure'. If the landlord did something like this the tennant would be able to claim the money back, but the landlord would be able to claim it if they had the right to such as if the tennant had damaged the property.

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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