ex-landlord still evading the baliffs

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  • ex-landlord still evading the baliffs

    Hi,

    My landlord failed to return my deposit back in January.

    I won a judgement by default and then asked for a warrant to be issued.

    The court baliffs have had the order since May and don't seem to have got anywhere as they haven't managed to find him in on the days they have visited.

    Really getting fedup with the whole situation.


    Do you think its worth getting a charging order on his property ?

    Any other suggestions ?
    snadley

  • #2
    Is a charging order anything akin to a restriction on the title?

    Either way, it'll pee him off and any potential purchaser. It's a valid idea. Do it anyway whilst the bailiff is still trying to tie him down.

    Comment


    • #3
      Hi Poppy,

      From what I understand I can put a charge on his property which will be seen if/when he sells his house.

      Only downside is that I have to pay the courts another £55 and then the Land Registry fee to action the order. Am I throwing good money after bad !

      I've checked the Land Registry and he is the only owner on the address I have for him.

      It won't get my deposit returned now, but maybe some time in the future.

      Snadley

      Comment


      • #4
        I don't bother with bailiffs as I find they never get very far. You're not throwing good money after bad because once you have the charge against the property he can't sell it until he pays you what he owes you. It costs me £80 to register them at the land registry (£40 to register the interim order & £40 to register the final, although you don't need to register the interim however it is a good idea to as it stops him selling the property whilst you're waiting for the final order to come through)

        The only downside is that he might not come to sell for 20 years in which case you'll be waiting that long for your money but you will get it eventually and you can charge interest at 8% annual on what he owes you.


        Matt

        Comment


        • #5
          Actually, you do not have to wait until he sells it - you can apply to the court for an "Order for Sale" which if granted will force him to give up possession of the property and allow it to be sold to repay you and any other charges including a mortgage or secured borrowing charged on it.

          Only problem however is that courts do not give out these orders willingly - you would have to show that there was no other means of getting payment.

          If nothing else, applying for an OFS will concentrate the landlords mind on your debt!!!

          Comment


          • #6
            Originally posted by davidjohnbutton View Post
            Actually, you do not have to wait until he sells it - you can apply to the court for an "Order for Sale" which if granted will force him to give up possession of the property and allow it to be sold to repay you and any other charges including a mortgage or secured borrowing charged on it.

            Only problem however is that courts do not give out these orders willingly - you would have to show that there was no other means of getting payment.

            If nothing else, applying for an OFS will concentrate the landlords mind on your debt!!!
            And something that will tick him off even more, if you get what's called a "Form A restriction" on the property, it'll cost him another sum to take that restriction off, even after he's paid you.

            Comment


            • #7
              Originally posted by settloe_99 View Post
              I The only downside is that he might not come to sell for 20 years in which case you'll be waiting that long for your money but you will get it eventually and you can charge interest at 8% annual on what he owes you.


              Matt
              I think you have forgotton one thing here.Limitation!!
              Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

              Comment


              • #8
                Originally posted by pms View Post
                I think you have forgotton one thing here.Limitation!!
                Perhaps I'm missing something pms

                Once you have your charging order and it is applied to the Land Registry what does limitation have to do with anything? Are you saying if the debtor doesn't come to sell for 20 years then your charge is useless?

                Comment


                • #9
                  Carried out a brief scan of "limitation" on the internet. It would appear that the Limitation Act 1980 may restrict an unactioned charging order to 6 years.

                  If you decide to go as far as obtaining a charging order and you still have not received the debt, it would make sense to take it further by enforcing a sale of the property.

                  Not sure how accurate this is, but a charging order/enforced sale would probably be frustrated by the landlord if they were to move into the property in question as their main home. (I'd like to throw this open to discussion, so that it may help snadley decide how much time, money and effort to spend on this only to find that the landlord moves in...)

                  Comment


                  • #10
                    What if the court won't give you an order for sale? We have charging orders against some guarantors for £300-£400 and I can't see any court forcing a debtor to sell their £70k home for such a little amount.

                    Also we have done Land Registry searches on potential g/tours in the past, to confirm they are home owners, and found people who have charging orders against them which are 10 years old and the beneficiary of the charge is a high street bank. Now surely if they had to be enforced within 6 years a bank would do and wouldn't just leave the charge sat against the property?

                    Comment


                    • #11
                      Originally posted by settloe_99 View Post
                      Perhaps I'm missing something pms

                      Once you have your charging order and it is applied to the Land Registry what does limitation have to do with anything? Are you saying if the debtor doesn't come to sell for 20 years then your charge is useless?
                      I was actually looking at the 1980 Limitation Act which basically limits any action/redress to 6 years or in the case of property 12. I agree with poppy the OP should ascertain the route he want's to take and what it will cost.Looking on the HMCS site there are a number of options available to recover debt but the same words come up in each section"the courts cannot enforce the debtor to pay"
                      Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                      Comment


                      • #12
                        Can you not reissue the charging order when it is nearly 6 years? Would this be a way around it?
                        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


                        • #13
                          The Limitation Act only refers to initiating action against a debtor for recovery which you should do within 6 years of it becoming due.

                          It's nothing to do with registering a second charge against a property, as that in itself is an attempt at recovering the debt when other methods have failed. If and when the property is sold the charge remains valid indefinitely. I think DJB's route to apply for an Order of Sale is probably the best action.
                          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                          Comment


                          • #14
                            Thankyou

                            Thankyou all for your replies. Lots to think about !

                            The house we rented, the landlord sold a couple of months ago. So I thought he would 'cough up'

                            I guess its a matter of principle now, its a lot of money to loose.

                            I've checked the land registry, no other charging orders are listed except a Bank which I guess is his mortgage.

                            Snadley

                            Comment


                            • #15
                              Hi,

                              My saga continues ... I was looking on rightmove and found the landlords house on the market, so decided that a charging order on his property was the way to go ! otherwise I would loose track of where he lives and wave good bye to my deposit

                              Does any one know how long it takes from fililing the application for a charging order to actually getting it ?

                              Thanks
                              Snadley

                              Comment

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