Possession claim granted and the court awards rent arrears and court.

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  • Possession claim granted and the court awards rent arrears and court.

    hi ya

    i won my posseaaion claim today for rent arears and court charges. the problem is that the tenant has no money as she is on benefits.

    is it worth chasing and making her blacklisted? as the court seemed pretty keen to award me rent arears and court fees.

    he said i wouldnt have to go to small claims as hes already grantes it to me. but how do i get her to pay?

    cheers for your help its all been very much appreciates guys and gals

  • #2
    If she has no money, then 99% of the time you will get nothing.

    In your situation, at most I would do is register the unpaid judgement in 30? days time, so that it will go on her credit record.
    She may, or may not care about that.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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    • #3
      I would keep chasing here, say every year, so she knows you've not forgotten, she just might get a job/marry a rich man/win the lottery - if only so she doesn't tell everyone what a soft-touch you are..

      Many would say don't bother... me, I keep going after the little b****rds... be they tenants, landlords, traders, whoever...
      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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      • #4
        I totally agree with the artful. And I ALWAYS chase arrears. Ye ikkle b***gers.

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        • #5
          Whilst the words blood and stone spring to mind, I would keep chasing tenant as stated above, I would keep costs to a minimum however as I am not sure you are still allowed to string non payers up by b***s

          Best of luck

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          • #6
            If you need to recover court costs then you must issue a warrant via the bailiff to destrain on goods (the court advised me to do this today on a case similar to this, but otherwise could not give "legal advice") at a cost of £100. Fat chance of getting my money so it's a waste of time.
            Better to get a CCJ against them now which will lie on file for 6 years which is what I did a few months ago with a tenant in arrears and they now owe even more but soon repossession will take place.

            What I might suggest if you want to put another spanner in the tenant's works if they leave owing you money, is that you have 6 years to take action to recover it, and you could leave it until year 5 for instance and then apply again for any residue rather than now, if you know their whereabouts (a tracing agent will cost £27.50 at current rates) and that will shaft them for another 6 years if they fail to pay up. You might of course be wasting your court fee but it wouldn't half give you a lot of satisfaction.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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            • #7
              What I might suggest if you want to put another spanner in the tenant's works if they leave owing you money, is that you have 6 years to take action to recover it, and you could leave it until year 5 for instance and then apply again for any residue rather than now, if you know their whereabouts (a tracing agent will cost £27.50 at current rates) and that will shaft them for another 6 years if they fail to pay up. You might of course be wasting your court fee but it wouldn't half give you a lot of satisfaction.[/QUOTE]

              That's the way I am feeling about my ex T.

              I intend to keep chasing because she's done this before and is trying to do it again, hopefully it will stop some other person getting her in their house.

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              • #8
                Originally posted by CAF View Post
                I intend to keep chasing because she's done this before and is trying to do it again, hopefully it will stop some other person getting her in their house.
                Only if any new landlord bothers to do thorough referencing and too many don't bother and suffer the consequences.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                • #9
                  Originally posted by thesaint View Post

                  In your situation, at most I would do is register the unpaid judgement in 30? days time, so that it will go on her credit record.
                  How exactly does one register a judgment?

                  I thought that, if it didn't happen automatically, you have to try to enforce the judgment etc.

                  A judgment entered in default (that is where the defendant neither admitted nor defended the claim) is registered immediately on receipt of the court’s return. The CCBC sends the return automatically whereas cases taken locally are handled clerically (and are likely to take longer to register).

                  But judgment entered following a contested hearing, for example a pre trial review, is not registered until either
                  • an order is made for payment by instalments following an application by the judgment creditor
                  • an application is made for payment by instalments by the judgment debtor
                  • the judgment creditor takes any step to enforce the judgment or
                  • the judgment creditor applies for an order to obtain information.
                  Quoting from http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm666350.htm

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                  • #10
                    what does a court baliff do?

                    hey guys n gals

                    after the 14 days possession warrant the court issued expires whats the next step?

                    i think its a possession of land and baliff, what exactly will the court baliff do for the fee?

                    do they have the power to evict the tenant?

                    cheers

                    Comment


                    • #11
                      They will evict but not use physical force.

                      If tenant refuses to go, the bailiff will return (probably on another day) with appropriate support - probably the police - who can 'encourage' the tenant to leave.

                      Your court form is n325 and the fee is £110.

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                      • #12
                        what would happen if the possession warrant notice period expires.... therefore the court has given me possession and i basically went round when the tennant was out and i changed the locks... as the court has already gave me possession

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                        • #13
                          Difficult one as you used to be able to do this, but now the law has been clarified and only a bailiff can execute a Warrant of Possession. Until then the tenancy has not ended.

                          Even if you were to make an unenforced entry i.e. using your key, then you could still be charged with unlawful eviction.

                          BTW it is not a Possession Warrant Notice, but a Possession Order that expires.
                          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                          Comment


                          • #14
                            Originally posted by buysite450 View Post
                            what would happen if the possession warrant notice period expires.... therefore the court has given me possession and i basically went round when the tennant was out and i changed the locks... as the court has already gave me possession
                            If the Tenant were still in occupation, and if you were to change the locks yourself, you could find yourself accused (and prosecuted) for unlawful eviction. Only a court bailiff can execute a warrant of possession.

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