You have very little chance of getting a possession order because the Judge would find that the benefit to your son would be disproportionate to the debt. So forget that, its not going to happen like that. I run many blocks of flats under management and unfortunately therefore have dozens of cases similar to yours. Some leaseholders, even those who are landlords themselves will ignore all requests for payment other than mortgage repayments which is very irritating but it happens. What I suggest you do is apply for an interim charging order such that the CCJ debt appears o the lessee's title as a subsequent charge. Once you've got that then get a final charging order.
Your tenant will not be able to sell or remortgage without paying off the debt and interest will accrue at the County Court rate which is 8 which racks up to about 10% when calculated with monthly rest dates and then compounded.
Once you've got the charging order you can if you want apply for an Order for Sale which might succeed; however once youve been paid out of the proceeds you would then have to pay the balance to "next entitled" which would be the first chargee. Once they've had what's due to them they are obligated to pay the lessee if there is no other secured registered chargee. If they cant then find the lessee because they have disappeared they are obligated to seek directions from the Court; and pay such funds usually into Court.
BTW unless you can prove the sellers specifically assigned the benefit of the ground rent arrears paid over at purchase to your son they are irrecoverable.
Your tenant will not be able to sell or remortgage without paying off the debt and interest will accrue at the County Court rate which is 8 which racks up to about 10% when calculated with monthly rest dates and then compounded.
Once you've got the charging order you can if you want apply for an Order for Sale which might succeed; however once youve been paid out of the proceeds you would then have to pay the balance to "next entitled" which would be the first chargee. Once they've had what's due to them they are obligated to pay the lessee if there is no other secured registered chargee. If they cant then find the lessee because they have disappeared they are obligated to seek directions from the Court; and pay such funds usually into Court.
BTW unless you can prove the sellers specifically assigned the benefit of the ground rent arrears paid over at purchase to your son they are irrecoverable.
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