Enforcing Possession Order and registering CCJ

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    Enforcing Possession Order and registering CCJ

    Morning,

    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

    Chris.

    #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.

    P.P.
    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.

    Comment


      #3
      Hi,

      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?

      Thanks

      Chris

      Comment


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

        Comment

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