Attending Court - Advice Please

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    #16
    UPDATE

    Ok I flew home to attend court on 4th January, I was in and out in 15 minutes, possession was granted on rent arrears alone and anyone living in the house was given 14 days to leave, the tenant was also ordered to pay all arrears and court fee.

    This meant they had to leave by Friday 19th which our neighbour confirmed had happened and friends visited the house Saturday morning and confirmed he had left, however he has changed both front and back door locks.

    A locksmith attended today and gained entry to change all locks, now the huge clean up and refurb project begins getting ready to market the property, never will we ever rent it again, weve never had any problems until this over 7 years of renting it but this has put us off for life.

    Re the money she has been ordered to pay back, we have written getting the money back in a lump sum however the principal of getting her to pay this money back is key to us, we dont feel she should get to walk away after all of this, even if she has to pay back 50pence a month!

    Does anyone know how we persue the money? The possession order states that she must pay us back and if she doesnt we can persue her and it could affect her credit rating etc, but how do we do it? Simply ask her to start paying it back? Do we have to go to small claims even though we have a court order stating she must pay and if she doesnt pay then can we do an attachment of earnings?

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      #17
      Well done: Hope someone got LOTS of evidence (eg photos) of tenant's departure, all belongings gone. You had questionable legal right to change locks: Until bailiffs "execute" the possession order there is still a tenancy, it's still the tenant's home, the tenant's property. Hopefully enough evidence of implied surrender .
      http://www.landlordlawblog.co.uk/201...der-explained/
      &
      http://www.landlordlawblog.co.uk/201...ied-surrender/

      Keep that evidence (eg photos). Hope you don;t have "professional" tenants who will sue for illegal eviction (fines & criminal).

      https://www.citizensadvice.org.uk/de...om-your-wages/

      You've 6 years to collect/ensure they get a CCJ. Maybe give them a couple of months to get careless then find them by google, social media etc. Pray they keep working by some PAYE job (best for attachment)
      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...

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        #18
        The judge told me that I only had to get the court Bailiffs involved if they didnt leave by the 19th, lots of photos have been taken, no possessions have been left in the property. The tenant has long long gone, the person living in the house has left no belongings in there either, just locked up and posted the keys through the door (yeah cheers for that).

        When you say Ive got 6 years to collect, how do I collect it? Simply write to her and ask her to pay it back? If she doesnt pay it back can I go straight for an attachment of earnings as I have the court order OR does it have to go through small claims first? Ill check out any CAB info I can find and maybe do a live chat with them - thank you.

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          #19
          Have a read through this- https://www.moneyclaimsuk.co.uk/post...forcement.aspx and http://www.aboutsmallclaims.co.uk/co...forcement.html

          As everything, nothing works automatically! I'm anticipating having to do something similar in the nearish future

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            #20
            Thank you, Ill take a look!

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              #21
              Oh I'm such a pillock - there's also a great sticky on this in this forum! - https://forums.landlordzone.co.uk/fo...cement-options

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