Judgment Enforcement Options

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    #31
    https://www.citizensadvice.org.uk/de...arging-orders/
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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      #32
      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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        #33
        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!!!

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          #34
          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
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #35
            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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              #36
              He needs a good kickin'
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                #37
                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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                  #38
                  (Not from direct experience)

                  Sounds about right. See page 6 for England & Wales national average. (TL;DR: 11 weeks from claim to order, 38 from claim to warrent)
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  Comment


                    #39
                    From my recent experience the courts are running massively behind.
                    Totally different situation to yours but I went to court at the beginning of December, defendant, who was present, was told in no uncertain terms by the judge that they had 14 days to pay. The case wasn't typed up until last week and the defendant has now been given until mid Jan to pay and the deadline for paying their counterclaim fee was extended from mid December to mid February!

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                    Latest Activity

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                    • Joint tenancy - end fixed term
                      Nottinverno
                      Hello,

                      need some advice, please, I'm getting mad at this.

                      I have a joint tenancy, renting a flat through an agency with other 2 people, ending end January.
                      I have decided to move out and I gave my notice (to both the agency and my flatmates) last end November, however...
                      09-01-2018, 14:29 PM
                    • Reply to Joint tenancy - end fixed term
                      mariner
                      How did you give Notice on 1 Jan 18?
                      You can leave at any time but your T will not end until 31 Feb 18 IMO.
                      (1 Jan -31 Jan does not give requisite min of 1 rental period). LL may be more tolerant on dates.
                      20-01-2018, 01:26 AM
                    • Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                      Bounce
                      Hi

                      I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?

                      One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.

                      I then went through months where...
                      Black Grout they want me to get redone...
                      17-01-2018, 21:53 PM
                    • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
                      Bounce
                      In regards to this, I attended the property today with a plumber, as he tenants claimed they had tried using some sink unblocker and plunger etc...

                      When we were shown the sink she now decides to tell us that since using the sink unblocker it doesn't seem to bad (she could have told me this...
                      19-01-2018, 23:13 PM
                    • Reply to Joint tenancy - end fixed term
                      KTC
                      Ask the solicitor for their interpretation of section 5(5)(b) of the Housing Act 1988 regarding giving a notice to quit on the first day of the statutory periodic tenancy.
                      19-01-2018, 22:54 PM
                    • Reply to Joint tenancy - end fixed term
                      Nottinverno
                      Oh nono, I have to leave at the end of Feb. I have already moved forward my move and luckily the new landlord is flexible, but I can't stay other 2 months in my current place.
                      It really seems that as soon as the periodic roll starts I can serve 1 month notice, so by end Feb I should be able to...
                      19-01-2018, 22:48 PM
                    • Payment Break
                      OlliesDad
                      I have a great long-term tenant who, along with her husband and daughter has been with me for nearly 5 years. Unfortunately the husband has done the dirty and left leaving her with nothing but debts. Her finances are in a mess and she has said she may need to move in with family whilst she sorts herself...
                      18-01-2018, 21:27 PM
                    • Reply to Payment Break
                      royw
                      You have a good tenant and if it were me I'd be looking for ways to keep her rather than evict her. Might be worth having a chat and find out how much she can afford now and in the long-term. If she can afford it on her own once the debts are cleared possibly offer her a reduced rent for a year equivalent...
                      19-01-2018, 22:26 PM
                    • Tenants not vacated at check-out
                      tatemono
                      Had a lovely young couple with a baby in our property for about 8 months, they gave notice to leave as he'd moved out after they split up and she couldn't afford rent. Sad situation for them. Property has been on market since.

                      Anyway, yesterday our very competent and well-trusted long-standing...
                      09-01-2018, 08:58 AM
                    • Reply to Tenants not vacated at check-out
                      KTC
                      If it were a notice to quit given during a periodic tenancy, as opposed to an agreement with the landlord during the fixed term, then tenancy has ended. Validity of a notice to quit does not depend on whether the tenant follow up and acting in accordance to it. A notice to quit is not a notice of intention....
                      19-01-2018, 22:20 PM
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