Enforcing Possession Order and registering CCJ

  • Filter
  • Time
  • Show
Clear All
new posts

  • Enforcing Possession Order and registering CCJ


    First post and surprise surprise in need of some information!

    As a landlord I received a court order for possession last week which gave the tenant 14 days to leave. I am aware that he won't be leaving in this time and therefore I would like to know what steps we need to complete to ensure his evicton. I believe we need to enforce the order through the use of bailiffs however I don't know when we can apply for this? is this after the 14 days or from the date of the court hearing?

    On a slightly different note will a CCJ be recorded against the tenant's name? or is this obtained through another method? (he owes us over £3000 which I don't expect back but would like to help protect future landlords that the tenant will take advantage of).

    Many thanks


  • #2
    I suggest you contact the bailiff's office at the court as soon as possible. They will tell you when you can formally request the bailiffs to enforce your possession order (non refundable fee of £95 I believe).
    If you obtained your possession order under section 21, then no action with regard to rent due will be taken, you must persue your tenant through the small claims court in a separate action to obtain the CCJ you want. If however you used section 8, then the court granting the possession order will also make an order for the repayment of the outstanding rent.

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


    • #3

      Thanks for the info. I can confirm we issued a Section 8. On our "Order of Possession" it states that "This order has been made of discretionary grounds and that the courts orders"....."Judgement for arrears of £3000 and charge for...."

      If the tenant doesn't pay does this then automatically become a CCJ against their name or do we need to enforce it through the use of a N323 Warrant of Execution?




      • #4
        Has your tenant got a job or a car?


        Latest Activity


        • Help re flatsharing legal position!
          Hello, I moved into a friend's flat when she moved out of London last year. It was agreed that I would pay market rate, would not need to pay a deposit, be able to bring various items into the flat, work from home, have a certain amount of storage etc.etc. I was also to share with my friend's then...
          24-07-2017, 13:18 PM
        • Reply to Help re flatsharing legal position!
          Many thanks. It is only a verbal agreement (like so many flatsharing agreements are) with two months notice either way and that I would be given certain storage (some of which the Hungarian has nabbed), that I would be able to work from home, get a cleaner and bring items into the flat ie television...
          24-07-2017, 13:56 PM
        • Reply to Help re flatsharing legal position!
          The only thing that matters is your contract. What contract do YOU have (not what Emma has signed with someone else)?
          24-07-2017, 13:43 PM
        • Non- protected deposit, and disputes
          Q1 – Where is the rented property located? England

          Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

          Q3 – What date did current TA start 01/11/2016

          Q4 – How long was initial fixed term 6 months
          24-07-2017, 12:25 PM
        • Reply to Non- protected deposit, and disputes
          Unfortunately (I know its not going to be what you want to hear), I suggest you will have to chalk this one up to experience. Without an inventory you are up the proverbial without a paddle I'm afraid. In the grand scheme of things the damage you have described is very slight (bar perhaps the carpet)...
          24-07-2017, 13:04 PM
        • Landlord: When will I get a bailiff date?
          I'm so sorry if this has been asked before, but for some reason I am unable to search the forum as it's not bringing up any results.

          I know the eviction date will vary depending how busy the local courts are. My local court has indicated 6-8 weeks.

          My solicitor submitted a...
          24-07-2017, 12:04 PM
        • Tenant's energy debt.
          I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
          20-07-2017, 22:08 PM
        • Reply to Tenant's energy debt.
          The deemed contract is with the owner or occupier and commences when gas is supplied.

          There's no obvious hierarchy of owner/occupier and, while there are references elsewhere to the owner being liable for things when the property is unoccupied, that isn't reflected in the deemed contract...
          24-07-2017, 11:47 AM
        • Reply to Tenant's energy debt.
          Poster - I dont think theres anywhere to "go from here" until you get the letters sent off to the debt collection agency and to EON in line with my post somewhere above - as you arent the executor simply remove that part. But fundamentally they still need to know about your wifes passing and...
          24-07-2017, 11:28 AM
        • Reply to Tenant's energy debt.
          JPK - it doesnt matter what the incentive is or was, the deemed contract is with the occupier, not the owner - unless there is no occupier. As such, if it can be demonstrated that someone else was living in the property the debt is with them, regardless of what EON may like....
          24-07-2017, 11:25 AM