Possession Order - where is it?

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    Possession Order - where is it?

    This may sound like a silly question, but I can’t find the answer anywhere!

    We went to court and a judge awarded a possession order. We applied online and so all correspondence was appearing online. It’s been a week and there’s no possession order document or outcome correspondence on the portal?

    I’m a little worried there may be a backlog or delay due to the time of year?

    So my question is what’s supposed to happen? Should I have received a physical court order by now that’s also been issued to the tenant (who didn’t turn up to court)?

    The tenant won’t know the date given to leave without something from the court.

    thanks in advance.

    #2
    The courts can be very slow. You could phone the court.

    Comment


      #3
      You and the T both would be sent the Possession order via postal mail, not via email. You can request a copy from the court. The order will tell the T to leave within 14 or 21 days and pay costs (if this is what you claim), the T still doesn't have to leave (in my case) so had to get the bailiffs - make sure you get all the paper work ready for the next steps just in case the T doesn't leave.

      Comment


        #4
        Tory cuts to court service.
        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
          The courts very, very slow especially at Christmas. If you can get through on the phone then the person you speak with should be able to give you the full judgement details - the date is not immediate but a minimum of 21 days is usually given unless the tenant requested a longer stay due to Christmas etc. Max is 42 days . Of course expect your tenant will wait until they see written evidence.



          Freedom at the point of zero............

          Comment


            #6
            Thank you all so much.

            Just an update and follow on question -

            The order was received and the tenant given 14 days to get out by end of December. No surprise they’re still there. So I have applied for the bailiff to enforce the order. Within the order the judge has also included the rent arrears etc.

            So I’m now waiting to hear when the bailiffs will go out - I’m assuming this will be another long wait.

            I think it highly unlikely I will ever see any of the arrears but I’d like the judgement to be registered against the tenant. I’ve read conflicting information online.

            Does the CCJ automatically get registered? Or do I need to apply to have it registered?

            I’d like to get it done now whilst I know where they are - I very much doubt I’ll be provided with a forwarding address and assume I need the persons current address to register it?

            thanks so much for all of your comments

            Comment


              #7
              Originally posted by CassieC View Post
              Does the CCJ automatically get registered? Or do I need to apply to have it registered?
              Not for repossession awards, no. So, yes.

              I’d like to get it done now whilst I know where they are - I very much doubt I’ll be provided with a forwarding address and assume I need the persons current address to register it?
              Use the address of the property they're living in now.
              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


                #8
                Isn't the monetary element of the possession order a judgement and is therefore registered as with a money claim ccj?

                Comment


                  #9
                  Originally posted by SGB100 View Post
                  Isn't the monetary element of the possession order a judgement and is therefore registered as with a money claim ccj?
                  You'd think so, but it doesn't happen.

                  I don't know if it's a procedural quirk or if it's deliberate.

                  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


                    #10
                    I have the very same situation currently, therefore I have just called the local county court and yes ordinarily CCJ's via a possession order would not be registered automatically without further enforcement but the court have confirmed that you can write to or email them (which I have just done) and request that the court register the CCJ because the defendant hasn't paid and there is no further charge for this...

                    Comment


                      #11
                      Good,

                      It's a real frustration because everyone assumes it's automatic and it isn't.
                      So lots of people get away with it for the sake of some knowledge and 10 minutes work.

                      Personally I'd always write - letters are much more unusual nowadays.
                      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
                        Thank you!

                        I will get on that, we’ve now had a date for the bailiffs which was quicker than I thought

                        Here’s hoping the internal damage isn’t as bad as the damage done to the outside of the property 😐.

                        Comment


                          #13
                          I have now heard further from the court that a formal application needs to be lodged (not the information I was given over the telephone)! form EX321 and one of the four enforcement options, a warrant of control; • an attachment of earnings order; • a third-party debt order; or • a charging order must be applied for and succeed before the judgement will be registered.

                          I find currently that these options are not viable for me i.e. the ex tenant has no assets, is not working etc, therefore I have asked the court whether the best course of action is an application via money claims for a CCJ which may be registered by default, of course incurring more costs but they have said there is little point unless we can enforce via those options above, the only positive would be that a CCJ now by default would then cause the tenant a problem if they apply for credit etc.

                          You have six years within which to enforce the judgement via the possession order and any moneyclaims on line ccj.

                          Comment


                            #14
                            I’m so confused by this point completely.

                            If a large company obtain a CCJ against me - for example, for not paying my phone bill. I don’t have to be working or have assets in order for it to appear on my credit file?

                            I’ll have to call the court again I think - I did email them but haven’t received a response as yet. It takes around 50 minutes on hold to get to speak to anyone.

                            Comment


                              #15
                              There are two different processes which can be easily confused.

                              If you sue someone in a county court for money that they owe you and win, a ccj has been made and is automatically registered.
                              If you claim possession of your property back and make a claim for money owed, that also happens in a county court, but the judgement on the debt is not automatically registered.

                              I don't have a clue why that is the case, but it does seem to be.
                              Previously people have advised that they were able to get the judgement registered, but the information now seems to be that it has to be a formal next step.

                              It has occurred to me subsequently to reading SGB100's post that you can still get a warrant of control and not execute it - which might still cause the ccj to appear on the register.

                              With a debt only ccj, there is a different escalation route available, you complete Form N316 and pay £50.00 when you submit it. The tenant is required to attend a court and give details of their income and assets. For that one, you do need an address for the tenant, because if they fail to attend court, they're committing an arrestable offence.
                              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

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