Possession order granted but still won't move out!!

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    Possession order granted but still won't move out!!

    Hello everyone. I am after a bit of advice please. I phoned the NLA but the woman just confused me and had no patience.

    My delightful tenant is in nearly £3000 worth of rent arrears. I have gained a possession order through the s.21 route and she is ordered to vacate tomorrow and pay £175 costs.

    She has told me that she has no intention of moving out tomorrow so I have duly found a n325 form ready to hand into the court the following day.

    My understanding is that there isn't much point using the n325 to recover the £175 costs as it will cost £100 further to enforce the payment, which if I am going to try to recover the arrears I am paying twice. I therefore can go to the small claims (money claim online most likely) to recover the rent arrears and the £175 and the £110 for the N325. Is that correct?

    I am looking at going to go to mcol next week as I think it may be safer to give a fixed amount of rent/costs owed to date and have the court papers served on her when I know where she is, rather than wait until the bailiffs act (who knows when) and then loose track of her. Does that sound sensible? What would you suggest? I've never had this problem before - I don't know whether to laugh or cry!!!

    #2
    Concentrate on getting her out first. The property has a greater value to you. If she's not paid before, she certainly won't be interested now. There is also a likelihood that you will have additional costs for restoring the property if there's been any damage. All of that can then be combined on the MCoL route once you have a forwarding address to serve notice.
    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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      #3
      What you are doing is perfectly fine, and the best route to take.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #4
        I agree with saint here apply for the bailiff and at the same time start the MCOL. If you wait and do the
        MCOL later you may not be able to trace her. You may not recover the money but at least you may get a ccj against her.

        I was in exactly the same situation as you got the MCOL judgement BEFORE the bailiff eviction. I happened to find out were the monkey moved to and am now pursuing with help of HCEO. Still awaiting a favourable outcome , even if i don't recover the cash I will keep bugging him for the heck of it can be costly though.
        Any advice I give is my opinion and experience, I am as you also learning.

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          #5
          Thank you one and all. I've actually discovered today that it works out cheaper for me to start mcol proceedings now as she is just shy of the £3k , which means I pay the lower fee, and then hit her with a second one for the rest of the arrears which she will accrue between now and when she is evicted, which will be a much lesser fee. I now have ways and means of tracing her too (does an evil landlord laugh).

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            #6
            Recovering Monies Owed & Evicting the Tenant

            Hi Little Red,

            For future reference, you can apply for a 'possession order plus costs' which allows you to recover monies owed as well as evict your tenant. Then, when you transfer it over to the High Court for enforcement purposes, you obtain a combined Writ of Control and Writ of Possession.

            I hope this helps.

            Comment


              #7
              Little red,

              Keep a realistic view of her ability to pay a court order. These claim and enforcement costs mount up, and are often a hiding to nowhere if they have nothing.

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