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Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 month ago

Ccj renting ?

So my mum had a tenancy got into debt (9k) in unpaid rent, the landlord issued a ccj to my mum and myself 5 months ago, I’m only finding this out now due to failing a credit check for a a house. I was never on a tenancy agreement (mum has agreements with my name not on it ) ,single person council tax allowance ,etc. I lived in the property for one month when my mum moved in and moved out a month later. It has been over 2 years since I moved out. The landlord only had my driving license as prove of identification. I’ve ask the court to set this aside as I’m not a Tennant / liable to pay, the landlord has no bank statements/signatures or any references. 

How has he gotten away with this? Please bear in mind I was an apprentice on about 17k A year at the time (20 years old) I have all my current tenancy agreement / council tax bills proving the never lived there. My mum never told me about this because she has mental health issues and goes through phrases of cutting people off. Therefore didn’t tell me and didn’t fight the case in court (though she didn’t pay the rent due to job loss) 

Could I claim compensation for this? 

Update:

My mum has since informed me the landlord hasn’t got the relavent papers to evict her normally hence why he is doing a CCJ , such as no gas certificate 

Update 2:

I have never met the landlord

3 Answers

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  • Maxi
    Lv 7
    1 month ago

    UK: You really don't understand the legal system do you? A CCJ means 'Country Court Judgement' which means ONLY a court can evict the tenant and the CCJ can and is only awarded to the  named/signed tenants failed to pay the court judgement..... so no landlord can 'choose' to 'issue a CCJ' the landlord gave notice to leave for failure of rent payment she ignored that and so the landlord applied to court evict naming all who was in the property that he could prove, she failed to g to court to fight it and so the court issued an eviction notice and she failed to pay so a CCJ was put on the named tenants credit records......... so your mum is lying "My mum has since informed me the landlord hasn’t got the relavent papers to evict her normally hence why he is doing a CCJ , such as no gas certificate" ...the court requires proof of tenant/s, proof of non payment of rent and proof of notice to leave...so the court and landlord had everything they need...

    So who do you plan on suing and getting compensation from as the  only one responsible and liable is your mother and she doesn't pay her debts ..... suing costs money and even if you won she won't pay you so will get another CCJ against her

  • Anonymous
    1 month ago

    If you can find malicious intent AND bad faith, you could possibly claim compensation.  To name you on the CCJ the landlord must have produced your name on a contract as evidence, thus it is up to you to prove your signature had been forged.

    Another possibility is if you have your mother in a guardianship.  Then you would be financially responsible when sued (not when the action occurred).

  • 1 month ago

    UK answer:  perfectly possible for you to be a legal tenant without your name being on any paperwork because verbal tenancies are legal.  Moreover the fact that your landlord has a copy of your driving licence is evidence that at some stage you lived there.  Your mistake was not removing your name in writing from the tenancy when you moved out. 

    The fact that your mother got the single person's discount for council tax does not prove anything as she could have just decided to lie.  But if you can show you paid council tax elsewhere two years ago and had a tenancy agreement with another address, that should give the court what they need.  The fact that you have those things now is not material, it is where you were living during the two years when the rent was not paid that is relevant.

    I'm afraid your mother has not told you the truth. For now she is protected by the Covid rules but the court can still sanction her eviction.

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