Debts from Switzerland

[jontty]

I am living in Switzerland and plan to move back to the UK. I only have two exit dates on my apartment and I must continue paying the rent for a further 5 months which I cannot afford to do. Is there any chance that the landlord could chase the debt back to the Uk and I could have a ccj against me?

[unclebulgaria67]

I am living in Switzerland and plan to move back to the UK. I only have two exit dates on my apartment and I must continue paying the rent for a further 5 months which I cannot afford to do. Is there any chance that the landlord could chase the debt back to the Uk and I could have a ccj against me?

 

Yes. Due to a 1973 case precedent (lady from France on a one day visit to a horse race in the UK) foreign creditors can make a court claim in the UK, if you are resident in the UK.

 

But whether they actually do this depends on the creditors. Many do not bother, as it bad enough getting money from people still in the country, without chasing it overseas.

[jontty]

Thanks for the rapid response. Its just that i cannot afford the 6000 pound or so. I know i shouldn't have signed the contract but i was in an impossible position and contracts are like this in Switzerland and i would have been homless in Switzerland or homeless ans jobless back in the uk

[gerson]

Hi Jontty,

 

How long have you been in CH?

Which canton are you within?

Did you pay tax/unemployment insurance?

 

The normal termination is with three months notice prior to the 'legal' date (I think December is automatically excluded). So if you give notice in January then the three months would be Feb, Mar & Apr (provided April is a 'legal' date).

 

An option would be to find a new tenant to take over your apartment, either as a sub-let or directly.

 

Also have a look into Unzumutbar - according to art 266g of the code of obligations, notice can be given in cases where an event takes place that was unforeseeable when the lease was signed and which makes the continuation of the lease unreasonable. This would effectiveley remove you from the contract without penalty

 

Did you pay a deposit?

 

I am not legally qualified but offer advice based on my experience (lived in CH for over 7 years)

 

G

[jontty]

Hi i only have just seen your response

I only have 2 exit dates. For both i have to give 3 months notice. I thought of finding a nachmieter but it is quite difficult. As well i paid 4800 deposit. I but in any circumstances i cannot see any way i would ever get a refund. I am in kanton Zurich. I have been here 18 months and have unemployment insurance Thanks

[gerson]

Hi Jontty,

 

Your UI should payout approx. 70-80% based on your last six months salary. If you hold a valid short stay permit you may remain in Switzerland for up to six more months. This will give you time to find another job. However, you will need to obtain authorisation from the cantonal immigration or labour market authorities. Also if you live in Switzerland, i.e. hold a valid Swiss residence or settlement permit and meet the requirements, you will be entitled to receive unemployment benefits. Your nationality does not affect your entitlement to unemployment benefits.

 

So if you get and can survive on UI payments then I would suggest that you give notice as per your contract and claim your UI entitlements

 

Your rental deposit should be returned (did you pay this into a rental deposit account?) - unless you have trashed the place.

 

Have a look here for more information on unemployment: http://geneva.angloinfo.com/information/working/unemployment/

Or here for rental/deposit information: http://www.expatfocus.com/expatriate-switzerland-renting-property

 

Good luck

 

G