THE TENANT DOES A BUNK!
Don’t worry; tenant dissapearance is not necessarily a regular occurrence for landlords. In all my years of being a landlord it has only happened to me twice and even then it was partly my fault. This was because it turned out the tenant had a history of CCJs against them and I'd failed to pick this up, because I didn’t carry out the appropriate credit checks. Let this be a lesson to all you landlords!
A tenant that dissapears normally does so because they are in arrears with rental payments. Therefore, where a tenant has not been paying their rent, I would half expect this to happen. As I have already mentioned, one of the vital bits of information that a landlord needs when taking legal action to recover a debt, is the person’s residential address. This allows the requisite notices to be served, during the course of the proceedings. Off course many debtors, particularly the serial ones are very aware of this, which is precisely why they just ‘disappear’.
How then does a landlord trace debtors to recover their money?
There are several routes that a landlord can go down in trying to locate their tenants. Firstly, there is the professional route. There are numerous agencies that specialise in tracing debtors for landlords. Simply enter debt trace or a variant expression into Google and you will get a host of companies specialising in this activity. Rates are normally between £40-50 and the good thing is that many of them charge on a ‘no find no fee basis’.
Alternatively, a landlord can do the work themself.
The process of being an amateur sleuth can be quite exciting for landlords. What a landlord is trying to establish to enable them to take proceedings against them is:
So where does a landlord begin?
The best way for a landlord to start is to gather all the information they have on the tenant: their name, date of birth, employer. If a landlord has been having problems with rental payments, hopefully the landlord will have already started to find out as much about them already.
Once the landlord has discovered that they have gone, visit the property and see if there are any remaining details or post that might give the landlord some clues as to their where abouts. Ask the neighbours. Contact employers or any associates to see if you can glean any additional information, such as are they still employed? It may well be that a landlord gets lucky, with somebody giving them information on their where abouts. More likely, they will ‘play dumb’, or refuse to answer on the grounds of contravening the Data Protection Act.
It’s a frustrating process for a landlord, because they know these organisations have the information on file that would allow the landlord to take action against these ‘criminals’. After all that is what they are; they have stolen the landklords money. They have taken a service from a landlord without paying. A landlord should not feel sorry for them as they hunt them down and try and bring them to justice.
If a landlord has gone as far as they can with the information you can find through traditional means. It’s now time for a landlord to carry on your search in the world of Cyberspace. Landkords may not be aware of just how much personal information is posted on the Web. For instance the popularity of Facebook means that if the landlord has a name they will probably be able to find out about this persons background and possibly even their current living arrangements.
In addition, every household is required by law to complete an annual Register of Electors form which provides an up to date list of all householders over the age of 18. This information is available free from your local council, or landlords can go online and do a search using no more than an individual’s name. For as little as £5 using a website landlords can find the registered address of any UK citizen. Obviously, not all individuals register, particularly if they don’t wish to be traced by their landlord. Also because it is only carried out once a year if the person has recently moved, it will probably wont pick up their new address.
Credit referencing agencies such as Experian or Equifax hold huge amounts of personal data including details from the Register of Electors with which to assess an individual’s credit risk. These companies therefore hold information relating to what credit an individual has applied for and most importantly, where these people live. This information can be assessed directly or through third parties such as tenant referencing agents. Either way the information is out there but landlords will have to be careful that they do not fall foul of the data protection laws. Happy hunting landlords!
My experience has shown that whilst it is possible to find out details about your tenant, it’s the all important new address that is normally illusive. The process is, like many other landlord activities, time consuming. Using a professional tracing company give landlords access to sources that are not available to you as an individual. The £40-50 fee can be deducted from the tenants deposit monies by a landlord, but only if provided for by the Agreement. In my view given the time saving benefit for the landlord and the fact they only pay if they can trace the tenant anyway its money well spent.
At the end of all this detective work what a landlord really wants is the tenants home address and to
establish if they are employed and where. This should be enough to enable a landlord to obtain a court judgement against them to repay the debt along with an attachment to earning order that ensures that debt is repaid directly from their salary. If they are not working then unless a landlord is confident that they have sufficient assets to repay the debt they are probably best writing it off.
FORMS FOR LETTING PROPERTY
FINANCE AND TAX ON RENTAL PROPERTY
RENTAL PROPERTY REGULATIONS
INVESTING IN BTL PROPERTY
WHAT TO BUY
BUYING OFF PLAN
KNOWING THE RISKS
MANAGING YOUR RENTAL PROPERTY
NON - PAYMENT OF RENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
DAMP, MOULD AND CONDENSATION
LETTING RENTAL PROPERTY
LEGISLATION ON LETTING PROPERTY
ALTERNATIVE DISPUTE RESOLUTION
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
GROUNDS FOR POSSESSION
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS