Possession order and money order for rent owed

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  • Possession order and money order for rent owed

    Hi,

    I went to court for a possession order to evict my tenant. I was also given a money order (or something that says they have to pay it).

    the possession and money order gave 14 days to leave and to pay money owed.

    they officially gave over possession to me on 12th Aug but have not will not pay what is owed by the 25th Aug.

    As yet (court date 11th Aug) I haven't had any paperwork from the court. If I haven't then I assume they haven't either.

    now my question to start with is... Even though no paperwork has come through, when they don't pay on 25th can I still go back to court for bailiffs or do I need to do something else?

    I don't want them wriggling out of anything because the proper procedure wasn't followed.

    When I asked the judge at the time what to do when they don't pay he just said that is up to you!!!

    thank you

  • #2
    Do you mean the tenants have left with no bailiff involvement?? If so you are very lucky! How did you document & record them leaving (hopefully some surrender document signed).


    After 25th, if they don't pay you have to enforce the debt, your problem. Usually easiest is attachment of earnings from anyone PAYE - see
    https://www.citizensadvice.org.uk/de...itor-can-take/

    Do they have PAYE jobs, do you know where they live & NI number etc??

    Or, if they have a property, put a charge on it, stops them selling without paying you back: (debt increases at 8% pa).

    They also should get a CCJ and will find renting hard (from landlords who bother to credit check) and loans tricky, eg mobile 'phone contracts...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


    • #3
      They saved up the rent they should have been paying me to pay their new landlord. I haven't been asked for a reference so goodness only knows what they have said to get the place. Mind you a friend of mine saw them posting on an accommodation finder and said their present landlady was dead!!

      They were arguing the toss because when I emailed them that they had to give up possession they laughed and said I had gone to the trouble for a property I already had. I pointed out that they had to legally relinquish and made her put it in writing. I then told her the order also said she had 14 days to pay the back rent.

      I need to know what I have to do to enforce that? As the court has already said she has to pay it what do I have to do? Go to the court and what? Which forms do I use?

      He has a full time job and she works PT. I know their new address (they were NOT happy I found that out lol) and I know what companies they work for but not NI numbers etc.

      Comment


      • #4
        Originally posted by cassa View Post
        I haven't been asked for a reference
        you shouldn't be in any case.

        I wouldn't trust a ref from a present LL because that LL might be willing to say anything at all to get rid of them. It's the LL before one I'd ask.

        Originally posted by cassa View Post
        they had to legally relinquish and made her put it in writing.
        what exactly was that and is it legally valid? This is a genuine question I myself have that maybe other posters with more experience here can answer. Does a deed of surrender to end a tenancy have to take a specific form for it to be valid or could it be anything, even a text that says, "I givz up pozzession, LOLZ!!!!"

        Comment


        • #5
          From everything I have read getting legal possession can be a minefield. Although. I can't quote the case, I read that one tenant was put in prison and didn't pay the rent so the ll put everything in storage and relet. The tenant in prison successfully sued for unlawful eviction and was awarded £20k.

          i told her she had legal possession and was responsible for all and any costs for the property until she wrote to say she was giving over possession. I got that back in writing within twenty minutes.

          She had a week earlier dropped the keys through the property door but I was also told that no assumption of intent to vacat could be made. She could easily have Said she thought she had put something else through the door and intended to return.

          if the most resent LL lies and the tenant then goes on to do the same they previous LL can be sued as well (as far as I have been told) so although it might seem like a good idea to say yes they were w deregulation tenants it isn't advisable.

          Comment


          • #6
            Not much idea what you are stating in your most recent post. One question: What do you mean by
            ...yes they were w deregulation tenants...
            please?
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


            • #7
              Originally posted by tatemono View Post
              Does a deed of surrender to end a tenancy have to take a specific form for it to be valid or could it be anything, even a text that says, "I givz up pozzession, LOLZ!!!!"
              Any deed has to be signed and either sealed or witnessed, by both parties (and their witnesses).

              Comment


              • #8
                W deregulated tenants was an auto correct crapout lol it was meant to say that if the LL says, yes they were decent tenants, but were in fact really bad tenant then they could be sued for losses.

                Comment


                • #9
                  Your amended OP is confusing. Try again.

                  Comment

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