Attachment to Earnings or CCJ as an option for obtaining rent?? Anyone familiar?

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    Attachment to Earnings or CCJ as an option for obtaining rent?? Anyone familiar?

    Just putting this out there.....someone has suggested to me that given my tenant is earning good money and is a self employed bus driver who is under contract from a bus company that I could seek court action to obtain the rent money. This could either be through an Attachment to Earnings order or CCJ. Is anyone familiar with this as I've read so many posts and nobody mentions this anywhere so I'm getting the feeling it's a no go!

    #2
    You get a CCJ first - County Court Judgement - to confirm that he does legally owe you the money.
    Then your options are as shown here: http://www.guardian.co.uk/money/2010...force-judgment

    Probably cheaper - evict using section 8 (ground 8 or 10) which comes with the CCJ, save you having to make a separate claim.

    If you want to keep the tenant, but have the court take his rent out of his pay packet each month, that isn't going to happen.

    Comment


      #3
      Issue s21 & s8 & he may see sense.

      Then if necessary evict, get your investment back & get a decent rent paying tenant.

      If possession through s8 you'll get the debt order included I think

      If s21 you'll need separate debt judgement.

      Then go after the cheating dishonest b******rd with both attachment & CCJ & ensure he suffers

      Cheers!
      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...

      Comment


        #4
        if he is self employed then you will not be able to make an attachment of earnings against his 'employer' instead consider a garnish, but this has to be timed so that it is received by the guys who owe him the money before it has been paid. You would need to do this for as many times as necessary, however, as the cost his passed to the debtor he will prefer to pay you himself.

        Comment


          #5
          thanks for all responses, i have bookmarked the article for future reference but it is useful to know a ccj would likely be used as part of the procedure

          Comment


            #6
            Originally posted by LSmart View Post
            Just putting this out there.....someone has suggested to me that given my tenant is earning good money and is a self employed bus driver who is under contract from a bus company that I could seek court action to obtain the rent money. This could either be through an Attachment to Earnings order or CCJ. Is anyone familiar with this as I've read so many posts and nobody mentions this anywhere so I'm getting the feeling it's a no go!
            The way you have worded your post makes it sound as though you are hoping to get an attachment of earnings order to ensure you get your T's rent as it falls due (rather like HB being paid direct to the LL for rent in the case of Ts who can't be trusted to pay it themselves)). Can we assume that the T actually owes you some rent?

            Sorry if I'm barking up the wrong tree (or just barking!), but at no point do you suggest that the tenancy is over or that your T has left!
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Originally posted by Snorkerz View Post
              Probably cheaper - evict using section 8 (ground 8 or 10) which comes with the CCJ, save you having to make a separate claim.
              .
              I do not believe securing a possession using a Sec 8 will result in a CCJ.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Originally posted by thesaint View Post
                I do not believe securing a possession using a Sec 8 will result in a CCJ.
                No, but enforcing any s8 money order against the tenant will.

                Comment

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