Court Order

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  • Court Order

    A quick question:

    If a tenant is taken to court and ordered to pay outstanding rent, can any further rent after the court case owed by him be added to the original court order, or does a separate claim have to be made?

    I'm sorry if this sounds a daft question but I'm still trying to get to grips with the way courts operate!

  • #2
    What kind of claim or grounds did the landlord cite in the first place?

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    • #3
      It was Section 8 G10/11. He didn't pay and the debt has since built up. The judgement has not been enforced yet so I wondered if it can be added to, or whether a fresh claim needs to be made.

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      • #4
        Originally posted by DianeB View Post
        It was Section 8 G10/11. He didn't pay and the debt has since built up. The judgement has not been enforced yet so I wondered if it can be added to, or whether a fresh claim needs to be made.
        Logically, the grounds are unchanged (arrears/late payment). It's just the amount that has increased. I'd expect that increase to be capable of inclusion too, unless others know better.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          When we got an eviction under ground 8 the judge asked for a current spreadsheet which I provided. They will take rent up until the order is made I believe.
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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          • #6
            I suppose that the distinction is between:
            a. Possession Order (existence/amount of arrears irrelevant once Order is made); and
            b. Judgment Order for money debt which will aways cover only what is then owed [+ costs]; later debts would be a separate issue.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Diane, I recently won my possession claim & money judgement court hearing (on S8, G10) and the ruling went that the tenant has to pay the outstanding rent (£6,600), plus costs (£150 court fee), plus daily rent at £36.66 (calculated off the monthly rental) for every day she went over the eviction date until she moves out.

              So it was kind of factored in that she may end up owing more than just the already unpaid rent.

              Hope this helps.

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              • #8
                Very informative post Janine. Thank you.
                ASSUME NOTHING - QUESTION EVERYTHING!

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                • #9
                  Hi Janine, thank you for that information. I made a few phone calls today to the rent guarantee company dealing with it and was told very much the same information. Did you receive any of the outstanding money?

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                  • #10
                    So, if she doesn't comply with the court order, do you need to go back to court and get an attachment of earnings order or send the bailiffs in?

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                    • #11
                      My situation, Miffy is that the rent guarantee company took my tenant to court where a judgement was placed against him. No payment therefore subsequent eviction.

                      Was told by rent guarantee company that they will only chase what was owed up to court date. However, have now found out that the court order accumulates up to day of eviction as Janine mentioned (therefore wrong information given to me).

                      In order to chase the money, the court order will need to be enforced. My hands are tied now because as I believe it, the rent guarantee company have no obligation to me to recover the money and if I want to recover the money myself then I will need to pay their costs first.

                      Hope I answered your question somewhere within that waffle!

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                      • #12
                        Yes, somewhat different circumstances for me as all dealings have been between myself and evil-tenant. The exact details of the ruling on Feb 19th were that the tenant had 7 days to leave the flat (so by Feb 26th) and all money had to paid by March 5th.

                        Re the possession order, if she doesn't leave (I'm not assuming anything, even though I'm due to collect the keys tomorrow!) then I will have to apply for a court bailiff to enforce the ruling (this is called a "Request for Warrant of Possession of Land"). In the area in question (Southwark in SE London) the court staff told me it can take around 3 weeks before the the bailiff has an available slot.

                        Re the money, there are a few options. On Mar 5th if she hasn't paid up I can either apply for a "Request for Attachment of Earnings Order", or a "Request for Warrent of Execution", or finally, as the amount owing is over £5k, an application to the High Court called a "Combined certificate of judgement and request for writ of fieri facias or writ of possession". All of these, needless to state, will take time to process and I haven't yet decided which is the best course to follow. Hoping she will pay up and save me the hassle....

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