N26 Order for Possession - Money Order CCJ element

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    N26 Order for Possession - Money Order CCJ element

    Hi all

    I have a N26 Order for Possession against my tenants and associated money judgement also.

    I have a query around when (or if) the CCJ is entered in the register - I have seen a few questions on this but none that answer my specific query.

    My understanding is that the CCJ is never registered "automatically" - it is only upon "enforcement".

    My question is - is this enforcement of the "possession", the "money judgement" or either or?

    Scenario (for context):
    - Eviction is on joint tenants, one tenant has long since left the property.
    - The tenant who has left is wanting to pay the CCJ element in full in order to avoid the adverse affects of the CCJ.
    - This offer is conditional (obviously) on the CCJ not being registered.
    - This offer takes the form of a payment plan over a couple of months.
    - We are not sure if the other tenant remains in the property or not at this time, and we are likely to require a warrant.

    So therefore, given that the agreement of this tenant is my best chance of reclaiming the arrears and legal costs, I would like to accept it. However, if I require a warrant against the remaining tenant, does this in effect count as "enforcement action" and lead to CCJ registration? Or is it only if I seek a warrant of execution (or other financial enforcement)?

    Ideally I would like to retain the option for eviction (obviously) but also keep the CCJ off file to hopefully receive the debt.

    Any advice gratefully received.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    #2
    According to this thread - https://forums.landlordzone.co.uk/fo...er-where-is-it
    Post #13, the enforcement options are a warrant of control; • an attachment of earnings order; • a third-party debt order; or • a charging order.

    So the possession and the payment plan would seem to leave the possession order off file.

    If the tenant reneges, or you take action against the other tenant - if you are successful, the order will be registered.
    If the tenant agrees a repayment plan in writing with you and doesn't keep to it, I would suspect that it would be fairly easy to enforce.

    That's based on that thread, it's not something I have any experience of.
    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).

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      #3
      Thanks JP - that largely confirms my reading of it all as well but I hadnt seen that thread so its useful to see such a recent court view on it.

      So follow up question (that I doubt anyone can answer!) - I wonder if if I sought enforcement against tenant A (as obviously I have a choice as to which defendant I persue given their circumstances), whether this only results in a registration of the debt against tenant A or on both A and B...

      Thinking aloud really!
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment

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