Help! Do I have to resend lbc?

[missmooch]

Hi Guys


Just a quick question hoping someone can help with.


I have a tenant that owes me rent arrears.


I think the debt will be time barred around Feb 2018.


I have had a solictor send a letter before claim to the tenants last know address - the property she rented from me in this instance. Obviously she has long gone from here.
Is this adequate now to proceed to court, or do I need to do a tenant trace and reissue the letter before claim?


I am concerned as the new letter before claim format requires me to allow 30 days for the tenant to respond.


Thanks for any advice.

[wales01man]

Re: Help! Do I have to resend lbc?

Have you sent the letter to an address that you know they are not at?

[missmooch]

Re: Help! Do I have to resend lbc?

Yes that is what the solictor did as effectively it was her last known address, even though the solicitor knew it had been vacated.

[nemesis45]

Re: Help! Do I have to resend lbc?

Yes that is what the solictor did as effectively it was her last known address, even though the solicitor knew it had been vacated.

If this is al large amount perhaps use a professional tracing company given the you believe the statute of limitation may click in soon.

When did the tenant last make a payment of acknowledgment to the debt, when was the tenancy formally terminated.

nem

[wales01man]

Re: Help! Do I have to resend lbc?

Solicitor should know better they know for a fact they are no longer there others on LB will advise you but first thoughts are the solicitor has committed perjury if this is in a statement for the courts to read.

[nemesis45]

Re: Help! Do I have to resend lbc?

Solicitor should know better they know for a fact they are no longer there others on LB will advise you but first thoughts are the solicitor has committed perjury if this is in a statement for the courts to read.

Debt purchasers/ collectors do this all the time it is permissible to use the last known address there may be a forwarding service in place.

nem

[missmooch]

Re: Help! Do I have to resend lbc?

Thanks for your kind replies guys!

If this is al large amount perhaps use a professional tracing company given the you believe the statute of limitation may click in soon.

When did the tenant last make a payment of acknowledgment to the debt, when was the tenancy formally terminated.

nem

Amount owing is £1000. Tenant stopped paying rent in Sep 2011. I managed to get the housing benefit part paid directly once the arrears had hit 2 months. So the £1000 is mostly top up and rubbish removal.
The bailiff was instructed to attend to take possession on 29 Feb 2012.
The last payment made by the council housing benefit department was 12 March, 2012. They then subsequetly reclaimed back the overpyment from 1 March to 12 March, 2012, which I disputed (not the dates but their figures) they eventually agreeed,and the amount was finally sellted by me on 25 June, 2012.

[nemesis45]

Re: Help! Do I have to resend lbc?

Thanks for your kind replies guys!



Amount owing is £1000. Tenant stopped paying rent in Sep 2011. I managed to get the housing benefit part paid directly once the arrears had hit 2 months. So the £1000 is mostly top up and rubbish removal.
The bailiff was instructed to attend to take possession on 29 Feb 2012.
The last payment made by the council housing benefit department was 12 March, 2012. They then subsequetly reclaimed back the overpyment from 1 March to 12 March, 2012, which I disputed (not the dates but their figures) they eventually agreeed,and the amount was finally sellted by me on 25 June, 2012.

Do you have any realistic chance of tracing ex tenant? I don't know.
It is rather late to start a court claim at this stage, a judge might query why action was not taken earlier. Your solicitor has sent an LBA/C your consideration should be given to the costs of issuing a claim at the last known address and of course solicitors fees i.e. is it worth it?

That's my view others may say differently.
[MENTION=6]Amethyst[/MENTION] any ideas please.

nem

[Amethyst]

Re: Help! Do I have to resend lbc?

Did the tenant pay a deposit when they started the tenancy ?

How much of that £1000 is 'rubbish removal' ? was that not paid from any witheld deposit upon possession ?

How much is actual outstanding rent arrears that were not paid ( the difference between the HB and the rent due over x months etc ? )

HAve you made any efforts at all in the past 6 years to contact the ex-tenant about the unpaid rent ?

I'm not sure that your statute barred calculations are right. When the tenant stopped paying rent you were able to take action to recover that rent, which you did, and took possession of the property. You could be out of time already. Rent arrears weren't dealt with at that point - no court order for the arrears to be paid by the tenant etc ?

If you issue at an address you know is not where the defendant resides, yes you'll likely get a default judgment if the current tenant does nothing with it, but you'll then get a CCJ against that person which they'll know nothing about until possibly years later, when they could apply to set it aside and defend the case then... if they get it set aside on the address grounds, it will revert to being statute barred and that's the end of that, you'll have to pay the set aside cost bill, not get any money, and of course in the interveening period it's not going to get you any payment. You're simply trying to get it in under the 6 years by the sound of things but I don't think that's going to solve anything long term. Otherwise it is allowed so long as you show you have made efforts to trace the defendant. - just seems a little pointless in the long run.

[missmooch]

Re: Help! Do I have to resend lbc?

Thanks for your comprehensive reply amethyst.

Yes the tenant paid a deposit which I reclaimed via stat dec. £366 is rubbish removal, full clean, change of locks, plus £290 possession fees and arrears of £1274 less deposit £700 makes amount owing £1230.

No attempt made to contact tenant once they had vacated the property other than the recent solicitors letter before claim sent in March 2017. Attempts were made prior to possession.

Possession was via a s21 so no court order for arrears. The only court order was for possession costs. This was ordered on 16 January 2012 to be paid on or before 2 February, 2012.

So given all you said and the above, do you think I am wasting my time?

[wales01man]

Re: Help! Do I have to resend lbc?

Unless you can be sure the Ex tenant will get the paperwork and may pay up you will probably be throwing money away. Add the court fees to the money paid to the solicitor together to see how much this may cost you to get nought.
Everyone on LB wants others to get what they are rightfully owed but sometimes it will not happen

[Amethyst]

Re: Help! Do I have to resend lbc?

Were the possession costs paid as ordered ?

[missmooch]

Re: Help! Do I have to resend lbc?

Were the possession costs paid as ordered ?

No Amethyst never received anything

[Amethyst]

Re: Help! Do I have to resend lbc?

Okay, did you try to enforce that order at all ?

[missmooch]

Re: Help! Do I have to resend lbc?

No I didnt Im afraid.