Help regarding next course of action

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  • Help regarding next course of action

    Hello

    The court recently ordered my tenant (who has caused so much trouble) to leave the premises and to also pay the court costs of £150.00

    The tenant has basically said they are not going to pay the £150.00

    What is the next step of action to take in getting the £150.00?

    Please Help. Thank You.

  • #2
    if you have an order from the court stating she must pay these monies and she does not pay them then you can either get a county court judgement registered against her for non-payment or alternatively if she is working apply for an attachment of earnings against her for the amount owed.

    Comment


    • #3
      Assuming this is a court order, the tenant owes you the money, so your next step is to enforce the order (the court doesn't do it on your behalf).

      See this link for the various enforcement options
      http://www.hmcourts-service.gov.uk/i...ment/index.htm

      It will help if you know the ex-tenant's current residential address, bank account, or place of work. Do you?

      Comment


      • #4
        She is on benefits so is a county court judgement the best option?

        Not to sound completely stupid but how do I find the required form for this process?

        Thank You

        Comment


        • #5
          As far as I know, a court order by a judge is a county court judgment (if it was ordered in a county court).

          This is regardless of the tenant being on benefits or whatever. The likelihood of succcess in enforcement is, however, dependent on how much money the judgment debtor has.

          Next time, get a guarantor for the tenant. Someone with evidence of a good income and a property owner. That way you have someone worth enforcing a judgment against.

          Comment


          • #6
            Just to clarify...

            The tenant has caused alot of trouble so I issued a section 21. They did not leave on the due date so I then went through with the accelerated possession procedure. The judge ruled last week and sent a letter stating the tenant has to be out next week and pay the court costs of £150.00 by the move out date. They are refusing and saying no, Legal aid will sort it etc and the judge is wrong!

            So what is the best court of action to take? Any links to forms etc please?

            Really do need some help. Thank You.

            Comment


            • #7
              Just to clarify...

              The tenant has caused alot of trouble so I issued a section 21. They did not leave on the due date so I then went through with the accelerated possession procedure. The judge ruled last week and sent a letter stating the tenant has to be out next week and pay the court costs of £150.00 by the move out date. They are refusing and saying no, Legal aid will sort it etc and the judge is wrong!

              So what is the best court of action to take? Any links to forms etc please?

              Really do need some help. Thank You.

              Comment


              • #8
                Guys any help please?

                Comment


                • #9
                  Has the Possession Order's operative date passed? If so, apply to enforce it- probably by bailiffs?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                  • #10
                    The date expires wednesday but they have said they are not paying it, So I am preparing ready. Which form do I need to complete for this please Jeffrey?

                    Comment


                    • #11
                      Er, I have no idea as I don't deal with litigation; sorry!
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        :s Okey doke no problem.

                        Anyone please?

                        Comment


                        • #13
                          Originally posted by westminster View Post
                          As far as I know, a court order by a judge is a county court judgment (if it was ordered in a county court)
                          Originally posted by Extremely Stressed View Post
                          The tenant has caused alot of trouble so I issued a section 21. They did not leave on the due date so I then went through with the accelerated possession procedure. The judge ruled last week and sent a letter stating the tenant has to be out next week and pay the court costs of £150.00 by the move out date.
                          Using the accelerated procedure (s.21) route will result in a possession order only -not a CCJ (even if the Judge ordered the tenant to pay costs).

                          If you wish to claim costs then quickest route will be via the small claims track using MCOL. If the tenant is on benefits and unlikely to be employed again within the next 6 years, you will have very limited chances of recovering these costs, by enforcing the judgement; however, a CCJ will leave a mark on the tenant's credit file.

                          Once the possession order date has expired (and the tenant still has not vacated), you will need to apply for a Warrant of Possession of Land, using form N325. There is an associated fee (contact your local County Court for further details); you will be given a date for the Bailiff's appointment.
                          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                          Comment


                          • #14
                            Thank you for the reply, Tom. Really do appreciate it.

                            The tenant will definately be leaving the premises by the date ordered by the judge after my accelerated possession procedure was succesful. I just want to get the £150.00 for which I am owed and the judge also ordered them to pay. Is MCOL my best bet for reclaiming the £150.00 costs? Because even then after it expires, Wont I have to put a request in for judgement etc which will also cost money? I was thinking I would be in the position now to take it to the next step since the judge ordered them to pay the £150.00?

                            Comment


                            • #15
                              Originally posted by Extremely Stressed View Post
                              Is MCOL my best bet for reclaiming the £150.00 costs?
                              As mentioned above, if T is long-term unemployed or has no assets, it's unlikely you will get your costs back.

                              Originally posted by Extremely Stressed View Post
                              Because even then after it expires, Wont I have to put a request in for judgement etc which will also cost money?
                              There is a fee for the claim, but no additional fee for applying for a default judgement, if T has not replied within 28 days.

                              Originally posted by Extremely Stressed View Post
                              I was thinking I would be in the position now to take it to the next step since the judge ordered them to pay the £150.00?
                              Yes, you could claim now.
                              The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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