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John1000
21-01-2009, 21:20 PM
Hi

I would be grateful for some advice on how to continue pursuing an ex-tenant.

I obtained a Section 8 ground 8 possession order against the tenant. The judge gave an order for rent arrears and costs at the same time. The tenant then disappeared from the property so at least I obtained possession. By the way, I used PCOL and found it reasonably straightforward - I was given a hearing date about 7 weeks after initiating the claim online. Comments on this site regarding serving ss 8 and 21 notices were very helpful.

I feel that a tenant who was clearly "playing the system" should have a CCJ against their name as a warning to other people. Does the tenant's failure to pay the rent arrears as per the court order automatically result in a CCJ or do I need to take further steps to recover ? What would you advise ?

I know where she works. I think I know where she now lives but am not sure.

Many thanks if you can help.

Paul Gibbs
22-01-2009, 08:46 AM
Hi

Does the tenant's failure to pay the rent arrears as per the court order automatically result in a CCJ or do I need to take further steps to recover ? What would you advise ?
.

It depends how the judgment is worded I would expect something like this: -

1. The D do give possession to the C by (date)

2. The D do pay the sum of £x to the C (comprising rent arrears costs and interest) within 14 days.

if it is worded like that or similar then that is a ccj and will be registereed automatically.

John1000
22-01-2009, 13:45 PM
Hi Paul

Thanks. The order is worded much you suggest:

1. to give possession on or before DATE
2. to pay X for rent arrears and Y per day from [ ] until possession given
3. to pay costs of Z
4. to pay total of V on or before DATE

It is the pro forma notes at the bottom that confuse me / are poorly drafted. They include:

"If you do not pay the money owed when it is due and the claimant takes steps to enforce payment. The order will be registered in the Register of Judgments, Orders and Fines. This may make it difficult for you to get credit." [if the first "." should really be a "," it puts a different spin on things]

In terms of futher action I guess I could pursue attachment of earnings or petition for bankruptcy (althought the latter may suit her as I know the council are owed C Tax and the electricity company are chasing her for a large unpaid bill)