How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 13857
Experience:  Senior Associate Solicitor
97337639
Type Your Property Law Question Here...
JimLawyer is online now

I used a letting agent in 2006 to find a tenant for a house

This answer was rated:

Hello, I used a letting agent in 2006 to find a tenant for a house I rent out in Bristol. They kept the first month's rent and the deposit and did not pass it on to us, as had been agreed. We went throught the small claims system and the bailiffs were sent in, but the agent had disappeared and nothing could be recovered. I have just found his details online and he is running another property letting business. This debt dates from 2006, and nothing was recovered, despite the bailiff interaction. Can I still follow-up on the claim for this money that the agent owes me, or is it too old now?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: In 2006 we went through the small claims courts, but I have not prepared or filed anything sine then.
JA: Have you talked to a lawyer about this?
Customer: Not yet.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing I can think of...

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

It would depend on the date of the judgment from the court (the county court judgment, or "CCJ"). The CCJ is live for up to 6 years. If the CCJ is older than that then it is highly likely the claim is now time-barred (breach of contract cases would require you to issue a claim at court by the 6th anniversary).
If the debt was in 2006 and they owed you the money then, you would need to have issued the claim by 2012. Assuming you did that, the CCJ lasts for 6 years until 2018. Clearly we are now in 2021 so my view is you have no comeback as a) the CCJ is expired and b) you are out of time to issue another claim. I apologise for the bad news though I have to give you an honest answer.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you, ***** ***** really useful as it means that I can now put this issue down and not have to worry about whether it would be worth chasing this rogue through the courts again. Thanks again!

No problem at all, thanks, ***** ***** good evening.
Jim