MCOL & PCOL

[OS7]

I feel for you. All I can say is that, I can see that you are winning here by following the law and soon your T will have to move out and it looks like with CCJ on his shoulders. Please don't blame yourself for letting your property to this tenant (I have been at this junction before), sometimes we make wrong judgments and we learn from it and move on and become more informed. tc

[Perce]

Thanks OS7. I cannot wait for this to end too and blame myself for agreeing to rent out to this tenant in spite of my bad feeling about him. Like my life has been on hold for a whole year. I am dealing with a very cunning person. Very well educated professional with lots of money.

[OS7]

Do it straightway - it takes 48 hours after that for the request to come. And once you have requested judgement, in the interim if your tenants defends this, his request will take precedence. But not to worry, the case will move to mediation afterwards. This happened to me, I requested judgement and tenants defended it at last minute and the whole thing went to mediation.

I am counting my days for the eviction ban to be lifted, and the whole nightmare to be resolved ...My guess is you are in same boat

Good luck,

[Perce]

Hello All

I have issued a claim on MCOL for rent arrears. The tenant has not defended it. Is there a time limit when I can request judgement ? I don't want to do it straight away for a reason.

[OS7]

I have mediation agreement, which says if breached, I can request for judgement using the same court claim which triggered mediation, without a hearing. This meaning, there is no defence and i don’t have to pay court hearing fees. The judgment will result in a CCJ and I can eventually enforce it via a warrant.

[hybrice]

OS7,

To my knowledge what you want there is what's called a Tomlin order, an agreement between parties, checked over and rubber-stamped by a Judge or qualified adjudicator, if it is breached you can then move directly to registering the CCJ and enforcement, without a hearing. Is that what you got?

[Perce]

OS7 - I have sent you a private message. I am going the County court route with bailiffs now not the High Court. No clue how long it will take. No warrant yet. More than a month has passed.

Meanwhile my tenant does not reply to the messages from anybody regarding gas safety check.

[Perce]

Good news that mediation worked. Hope they will pay.

I have no news yet about the writ or the warrant, Soon it will be a month since my solicitor applied.

[OS7]

Hello everyone,
just update on MCOL

The mediation went ahead. Well it didn't start off well - many reasons. However the tenant have agreed to pay the rent arrears and pay all interest owed and court fees to avoid court proceedings and further ccj. I guess the future remains to be seem if they actually will pay by the end of the month. The good thing with mediation, if the agreement is breached, you can ask for judgment immediately without court hearing. So I guess, this may persuade the tenants to stick to the agreement.

The possession order is different matter. I have now completed the paperwork. But haven't sent it - not so sure why I am hesitant, but just feel a bit stressed thinking about eviction.

[Perce]

Thanks OS7.

I will let you know how things progress. Good luck.

[OS7]

Thanks Perce. Will have to make start on this in the coming week.

Keep me updated with your proceedings - I sincerely hope it goes well.

[Perce]

OS7

Yes you can start your application now. The sooner the better, I think, as it takes time. My solicitors applied in the middle of Jan but I have not heard anything yet neither from the County Court nor The High Court (I applied to both).

As far as I know the tenants won’t be notified.

[OS7]

Thanks Perce.
I hope to speak to council tomorrow to let them know my intentions to evict.
I also wanted to ask about your HCEO proceedings. Have you heard anyyhing back.
Could I also ask as I am going via county court enforcement, could I start the application now for county court bailiffs, although there is an eviction ban. Would the tenants be notified of this at point of application. Thanks

[Perce]

Thanks OS7 for always supporting me in my confusion


My tenant also asked me to extent his stay in the property and pay all arrears just to trap me. I said no and he has not paid his arrears. I also issued S21 acc. He will pay for a few months, then will stop as he did before. People don't change. I think the best thing in your case is to evict and sell as JP Keats says. I would not trust your T. They will put you into more trouble. I would stick to the course you have already taken.

CCJ - it will be marked as satisfied if you confirm that he paid.
In my case I confirmed that T. paid and got a reply that it is satisfied. It will show on his credit record as satisfied.

[OS7]

I would tell the council that it is your intention to evict and sell.

Hmmm, I guess I will have to say this as today I received another email from my lenders to remind me of the actions agreed. I guess on top of the list is sale of my property to pay off mortgage to avoid court actions.

thanks jkpeats