N26 Order of possession What Next??

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    N26 Order of possession What Next??

    Hi, I am a new member that needs help.

    I have now gained Order of Possession on my property with also a money judgement. The tenant is still there. What is my next step?

    Do I contact the bailiffs/court so seek possession?

    How do I go about enforcing payment on rent arreas.

    Please help??

    #2
    1) Property. If T is still there after the date given by the judge you will have to request a warrant for possession by completing court form N325 and paying a fee (currently £110). The warrant for possession in effect instructs court bailiffs, however this can be a lengthy process as the bailiffs do not only carry out property possessions and can be very busy - do not be surprised if this process takes 6 weeks or more.

    2) Money. Your options (and ther costs) are here - but be aware that unless you do enforce the judgement, no CCJ will be recorded against your tenant.http://www.direct.gov.uk/en/MoneyTax...oney/DG_195828

    Comment


      #3
      Hi

      Thanks for that.

      Regarding point 2) I would probably go down the route of Attachment of Earnings. Can this be applied for immediately after the deadline has passed.

      Last question is 'enforce the judgement' the same as 'enforce payments' from the N26 Order of possession form.

      Please advise

      Comment


        #4
        I would enforce the judgement asap because you need an address to send the paperwork to. As the tenant is still in your property then that is where the paperwork can be sent. If they move you may not know where they move to.

        Comment


          #5
          Originally posted by ian101061 View Post
          I would enforce the judgement asap because you need an address to send the paperwork to. As the tenant is still in your property then that is where the paperwork can be sent. If they move you may not know where they move to.
          True, but tracing absent tenants is usually relatiely cheap and relatively effective nowadays. OP will need to keep tabs on his 'judgement debtor' until the debt is paid anyway.

          Comment


            #6
            Originally posted by syhman View Post
            Regarding point 2) I would probably go down the route of Attachment of Earnings. Can this be applied for immediately after the deadline has passed.
            I believe it can be applied for as soon as the 14 days has passed, but you will find more info here
            http://hmctsformfinder.justice.gov.u...ms/ex321_e.pdf
            and here
            http://hmctsformfinder.justice.gov.u...ex323_0405.pdf

            I have not seen an n26 (and couldn't find one on the web) so I can't answer about 'enforce payments' but I believe they are one and the same thing.

            Comment

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