Received application for suspension of an Order

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    Received application for suspension of an Order

    Hello,

    I previously posted here relating to the same tenant:
    https://forums.landlordzone.co.uk/fo...-has-moved-out

    I have received an order for possession with a money judgement attached, the tenant has vacated the property although is still in arrears. I am yet to take any action to enforce the judgement, I have now received an application for suspension of an order. The tenant has offered to pay an amount that would take 35years to clear the debt. I gained the order in mid-November and the hearing has been set for late January. Looking at the information attached i think the tenant's financial information is false or incorrect.

    Where can i get information about the suspension and the effect it would have / what steps would you recommend taking, to resolve the matter?


    Thanks




    #2
    Is the application related to the offer to repay or is it an application based on exceptional hardship?

    If the hearing has been held and a possession order issued, that should be the only basis to suspend the order.
    The judge can suspend the order for up to 42 days (usually replacing the original 14 days) in the case of exceptional hardship, which is a very high threshold.

    The tenant's repayment plan shouldn't have any effect on the possession order, that relates to the debt itself.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Its an offer to repay £10 per month, there is no mention of hardship. How do I get information about repayment plans?

      Comment


        #4
        An offer of £10 is T's proposed repayment plan. You can accept or refuse.

        I'd accept, get it lodged with court, then when they miss a payment you can go back to court and get a new decision.
        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


          #5
          I'd refuse and state you believe the tenant could pay £200 per month. I'd rather write the debt off than mess about with £10 a month, it's not worth the paperwork.

          Comment


            #6
            There is no discretion for the judge to suspend the order other than for the 14 to 42 days stated above. There is nothing here for the basis of a suspension of the Possession Order if the tenant has already vacated the property. If the keys have been returned you have vacant possession. Are you slightly confused. Do you mean they have applied to make instalment payments re the money judgement. If this is what you mean you should attend the hearing, but if the court accepts the FS then as stated above, wait for them to default and then apply for an attachment of earnings order, or send in the bailiffs, or a third party order if you know where the money is, if indeed there is any.

            Comment


              #7
              Just read your other thread and if T is not working the most you are likely to get is 5% of the income support rate for a single person per week.

              Comment


                #8
                Originally posted by GuyMcmillan View Post
                Its an offer to repay £10 per month, there is no mention of hardship. How do I get information about repayment plans?
                Do you have possession of the property?
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Yes, the keys have been returned

                  Comment


                    #10
                    Jon66,

                    Yes, i now have control of the property. The offer to pay in instalments relates to the money judgement

                    Comment


                      #11
                      So which order are they asking be suspended?
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        They are presumably asking for a variation of the money order in order to make payments by instalments rather than the whole sum becoming due as would now be the case. The usual procedure is the debtor completes a financial statement and applies to the court for a variation of the order. Actually to my knowledge this does not normally go to a full hearing but is done on the paperwork. So Op should object on the grounds it will take 36 years to repay. However as I said, if on benefits the minimum payment which is usually ordered is 5 per cent of the income support rate which is £3.66 per week. So the ten pounds a month offered is well short of this. They should be offering at least £15.86 per month so it is worth broaching the argument. The problem is if it is set too high they won't pay, and if they are on benefits it is unlikely they have a lot for a bailiff to take or anything in the bank. Calculation is of course £3.66 x 52 divided by 12.

                        Comment


                          #13
                          Thanks for the information and responses. I agree that it must have been completed too set up instalments, I can't think of a reason why a hearing has been set. I am more than likely going to reject the offer.

                          I am concerned by the I&E form as it
                          1. indicates the individual operates at a monthly deficit although has no debt
                          2. the defendant doesn't receive income support and only "other state benefits" I'm guessing housing benefit?

                          Id like to challenge with an oral hearing to see evidence for the data on the I&E.

                          It's unclear whether I should contact the court beforehand to decline and challenge or wait for the "application hearing"


                          Once again, thanks for the support

                          Comment


                            #14
                            If they are working, have a look at the attachment to earnings rates and pitch your payment requirement at under that. Can you give the figures on here that are on the FS? Decline now to ensure there is a hearing. Our local court doesn't normally have a hearing in these circumstances, just dealt with by court staff in accordance with the guidelines, the title of which escapes me at the mo, so just in case, I would decline now.

                            Comment


                              #15
                              They need to be working in a PAYE job. Fat chance of extracting any funds if self-employed - but you can try...
                              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

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