Judgment Enforcement Options

[Temp]

O.K. I have a new question:

I have a possession order, but the Tenant is in Hospital and is likely to be there long term. All her goods and furniture are still in the property.

Do I need a bailiff to 'evict' her even though she is not physically there? What can the bailiff do, or what should I ask him to do?

[jpkeates]

Yes, the bailiffs return possession to you, extinguishing the tenant's right to live there.
Arrange for a locksmith to change the locks as they repossess.

Tell the tenant that you are going to reposses, so that can remove their belongings.
If they don't, I'd pay someone to remove them and put them into storage for a while (a third party is less likely to be accused of theft).

[Darth Wookie]

Permission needed to enforce a suspended possession order
Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (http://www.hardwicke.co.uk/insights/...ssession-order)

Don't know how many of you have experienced this but I'm finding it increasingly frustrating, and expensive. Some Courts are accepting a request for permission to enforce the order at the time of issue, and some are refusing, citing an examination of individual circumstances following a breach. Although the above case appears to have been ASB related, it's also being applied to rent possession cases. As usual, no consistency in the application of a ruling. Hopefully it's overturned or clarified soon.

[shami1258]

thank you for that very useful info

[Lorimer]

We had a tenant with huge rent arrears against whom we managed to get a CCJ. When it came to enforcement of the CCJ, the tenant gave the High Court Sheriffs the run-around by never opening the door when they called at his new address. We now feel that the only way to get the money that we are owed is by an attachment to earnings order as we know that the tenant is employed. Trouble is, the attachment to earnings application form asks for the tenant's job title, payroll number and location etc. Although we have the name, address and phone number for the employer - we have no way of knowing the tenant's job title, payroll number and location. We have tried phoning the employer to explain the situation but of course, they do not want to divulge the information. Will our attachment to earnings application be rejected by the the court without this information?

[JK0]

I think it would be pretty unlikely for any creditor to have that information. Just write 'unknown', and I'm sure you'll be fine.

[theartfullodger]

Not opening doors etc. is standard advice from debt charities & CaB for those with debts when bailiffs call, check the websites

The HCEOs will have enjoyed getting any fee.

[Lorimer]

I shall try writing 'unknown' on the job title, payroll and location query and see how it goes. The HCEOs visited the tenant's new address about a dozen times and on each occasion, they emailed us a report of their attendance. When the HCEOs eventually gave up and 'closed' the case, we were billed £60.00.

[theartfullodger]

Tried Google, social media etc?? It's amazing what people put there...

When taking tenants I almost always insist of seeing payslips, NI card (take copies) etc so I have payroll references, employer, DoB, NI number etc etc... Worth doing, but not a guarantee....

[Lorimer]

Yes, we have tried social media and short of sending him a FB friend request (which the tenant is not going to accept) we have no way of knowing what he has 'put out there'. We used a third party tenant referencing agency for this tenant and got a PDF report which contained DOB, employer name and address, credit worthiness, CCJ history, previous address checks etc. but did not contain information on payroll number, job title or location....

[theartfullodger]

In addition to references you are at liberty to ask for such further info or documents as you wish. Tenant is at liberty to decline (in which case I say thanks, bye bye!)

[jpkeates]

Payroll numbers, job titles and locations can all change.
The court will write to the employer to get the information.

Which is not particularly good news for the debtor, as they're unlikely to want their employer to know they're in debt.

[Lorimer]

Good news. I have just contacted the tenant referencing company that we used to enquire whether they had any additional information on the tenant which had not been included in the PDF report that they had sent us. They said 'yes' and were able to provide me with a payroll number and also a job title and location for the tenant. I have just put the completed attachment of earnings application form in the post and have everything crossed. Wish me luck that I do not end up with a 10 pence a month order. The tenant owes us over 10K, including interest and fees!

[theartfullodger]

Even if all you ever get is tenant with CCJ & you with 10p, then rejoice.

If you ever then see ex-tenant greet them with a smile, a cheery wave & (loud voice) "Thanks for the money": Keep smiling. It will ruin their day.

And keep tabs on them for job change, lottery win, owning property - all options to get more.

[crossxtenant]

I need to update my original thread but I just won the case against my former landlord. Counterclaim is still being pursued but since this is falsified I can't see it getting very far!
They have 14 days to pay but are pleading poverty so my question is, since they own the house I was renting can they be ordered to sell/ remortgage in order to release funds to pay the amount due? That is assuming the house isn't in negative equity.
They really don't seem to be taking the judge's order seriously and seem think they can negotiate.