Judgment Enforcement Options

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  • AJT1000
    replied
    Thanks for this. Does anyone have any recent experience of waiting times for the warrant for possession and bailiff appointment. We're nearly 6 weeks on from applying for the warrant, with no response from the courts (Berkshire) as to a date - goodness knows when that will be. The process was started with the section 21 served last JUNE......

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  • theartfullodger
    replied
    He needs a good kickin'

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  • crossxtenant
    replied
    Oh I will!
    His original agency went into liquidation and, looking on companies house, accounts are overdue on both of his current companies so I suspect he is in a lot of trouble - he is entirely unfit for purpose as a landlord, no deposit protection, no gas safety checks or certificates for the majority of my tenancy (rules don't apply to him as far as he's concerned, he's just been caught up with for not having a TV licence!) IMO he deserves to have his businesses go under!

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  • theartfullodger
    replied
    They'll probably go bankrupt/be forced into bankruptcy & you may never see anything. (Happened to me, £17k+ council tax & £500 owed to me).

    But keep after the toad

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  • crossxtenant
    replied
    I have received the N245 form and it seems I'm not the only person they owe money to.... rent, council tax and utility arrears and a large credit card debt - all in all they owe at least 25k
    There is also a repossession order on the property they rent for a breach - subletting via Air BnB!
    We are talking about someone whose business (two businesses to be precise) is property management and lettings!
    It may be quite some time before I see any of my deposit back!!!

    Leave a comment:


  • crossxtenant
    replied
    Thank you KTC, that's really helpful. I had a read through the info on the order to obtain information as well. They have said that they have filled in form N245 but I'm not convinced that they will have completed it truthfully if this has even been done at all. In court they told the judge, when asked, that they could pay within the 14 days but the next day announced that they couldn't (more likely, just didn't want to!)
    I had a look at the form online and couldn't see any information about providing evidence to back it up but I assume that this would be asked for once the form had been returned otherwise they could just say they have no income, no savings, no assets etc etc - they lied in their defence witness statement so I can't imagine they will be truthful on this either!

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  • KTC
    replied
    https://www.citizensadvice.org.uk/de...arging-orders/

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  • crossxtenant
    replied
    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.

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  • theartfullodger
    replied
    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.

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  • Lorimer
    replied
    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!

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  • jpkeates
    replied
    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.

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  • theartfullodger
    replied
    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!)

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  • Lorimer
    replied
    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....

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  • theartfullodger
    replied
    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....

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  • Lorimer
    replied
    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.

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Latest Activity

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    by Jon66
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    by ash72
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    by wenqi
    Hi, I am just a new landlord who is renting our first property using openrent. I do need some advice from you.

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    by ash72
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    by JK0
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  • Reply to In view of gov likely to extend eviction ban again
    by MdeB
    If it
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  • Reply to Phased reduction in notice period
    by Perce
    Hello OS7

    Yes you can apply now. Why not ? I have my warrant already. My PO is s21 accelerated. Your PO is S21 standard which is also mandatory.

    I remember you wanted to wait with applying for the warrant until the ban is lifted.

    What is S21 induced possession...
    12-05-2021, 21:49 PM
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