Getting your money back from ex tenants

So the tenant that you never really liked, who caused you problem after problem has decided to put you out of your misery and done a runner! Unfortunately, they have done so owing you rent and have damaged your property, so what can you do to get your money back?
There are a number of enforcement options open to you, with each having their pros and cons.

1. Warrant of execution
The court sends a bailiff to seize goods from the defendant, only if the goods are worth enough to pay the warrant of execution (after the cost of the bailiff is taken into account).

2. Attachment of earnings orders
If the defendant is an employee, the court orders his/her employer to make deductions from their pay, (inapplicable if the defendant is unemployed or self-employed).

3. Third party debt orders
The court orders a third party (for example, the debtor's bank account provider) to freeze their funds while the court decides whether or not money should be paid to you.

4. Charging orders
The court places a charging order on the debtor's assets (for example, land, property, investments), preventing the debtor from selling them without paying their debts first.
The other option, which is one of the most common is to make a small claim of up to £5,000 through the county court.

But before you attempt to make a small claim, always ask yourself a few questions:

• Can you settle your dispute without going to court?
• Will the debtor pay you if you make a successful claim?
• Will you be able to successfully enforce a County Court Judgment against them?

To make a small claim you need to find your ex tenant, as you cannot enforce a claim without the current address of your absconded tenant. The easiest way of doing this is to use a tenant trace service. Issuing a small claim through the County Court can often prove to be a very useful tool. Indeed, a Law Society spokesperson stated that the UK's small claims procedure is "simple, efficient, informal and facilitates access to justice for thousands of litigants, many of whom act in person."

The other thing you need to consider before going down this route is, does the absconded tenant have sufficient assets to pay you back? It may be worth checking to see if they already have county court judgements or if they are already bankrupt before pursuing them. A tenant verification check can give you this information.

Another alternative is to apply for the defendant to be made bankrupt if the amount owed to you is more than £750. The fear of being declared bankrupt may well convince your debtor to find a way of making a payment.

However, bankruptcy proceedings can be expensive, and costs incurred by you will often be unrecoverable.

Whatever option you choose, make sure you know the costs and information required for each.