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Extremely Stressed
20-02-2010, 16:11 PM
Hello

The court recently ordered my tenant (who has caused so much trouble) to leave the premises and to also pay the court costs of £150.00

The tenant has basically said they are not going to pay the £150.00

What is the next step of action to take in getting the £150.00?

Please Help. Thank You.

Poppy35
20-02-2010, 16:30 PM
if you have an order from the court stating she must pay these monies and she does not pay them then you can either get a county court judgement registered against her for non-payment or alternatively if she is working apply for an attachment of earnings against her for the amount owed.

westminster
20-02-2010, 18:54 PM
Assuming this is a court order, the tenant owes you the money, so your next step is to enforce the order (the court doesn't do it on your behalf).

See this link for the various enforcement options
http://www.hmcourts-service.gov.uk/infoabout/enforcement/index.htm

It will help if you know the ex-tenant's current residential address, bank account, or place of work. Do you?

Extremely Stressed
20-02-2010, 18:56 PM
She is on benefits so is a county court judgement the best option?

Not to sound completely stupid but how do I find the required form for this process?

Thank You

westminster
20-02-2010, 20:30 PM
As far as I know, a court order by a judge is a county court judgment (if it was ordered in a county court).

This is regardless of the tenant being on benefits or whatever. The likelihood of succcess in enforcement is, however, dependent on how much money the judgment debtor has.

Next time, get a guarantor for the tenant. Someone with evidence of a good income and a property owner. That way you have someone worth enforcing a judgment against.

Extremely Stressed
21-02-2010, 11:35 AM
Just to clarify...

The tenant has caused alot of trouble so I issued a section 21. They did not leave on the due date so I then went through with the accelerated possession procedure. The judge ruled last week and sent a letter stating the tenant has to be out next week and pay the court costs of £150.00 by the move out date. They are refusing and saying no, Legal aid will sort it etc and the judge is wrong!

So what is the best court of action to take? Any links to forms etc please?

Really do need some help. Thank You.

Extremely Stressed
21-02-2010, 14:11 PM
Just to clarify...

The tenant has caused alot of trouble so I issued a section 21. They did not leave on the due date so I then went through with the accelerated possession procedure. The judge ruled last week and sent a letter stating the tenant has to be out next week and pay the court costs of £150.00 by the move out date. They are refusing and saying no, Legal aid will sort it etc and the judge is wrong!

So what is the best court of action to take? Any links to forms etc please?

Really do need some help. Thank You.

Extremely Stressed
21-02-2010, 20:30 PM
Guys any help please?

jeffrey
21-02-2010, 20:44 PM
Has the Possession Order's operative date passed? If so, apply to enforce it- probably by bailiffs?

Extremely Stressed
21-02-2010, 20:48 PM
The date expires wednesday but they have said they are not paying it, So I am preparing ready. Which form do I need to complete for this please Jeffrey?

jeffrey
21-02-2010, 20:50 PM
Er, I have no idea as I don't deal with litigation; sorry!

Extremely Stressed
21-02-2010, 20:57 PM
:s Okey doke no problem.

Anyone please?

tom999
21-02-2010, 21:34 PM
As far as I know, a court order by a judge is a county court judgment (if it was ordered in a county court)


The tenant has caused alot of trouble so I issued a section 21. They did not leave on the due date so I then went through with the accelerated possession procedure. The judge ruled last week and sent a letter stating the tenant has to be out next week and pay the court costs of £150.00 by the move out date.

Using the accelerated procedure (s.21) route will result in a possession order only -not a CCJ (even if the Judge ordered the tenant to pay costs).

If you wish to claim costs then quickest route will be via the small claims track using MCOL (http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm). If the tenant is on benefits and unlikely to be employed again within the next 6 years, you will have very limited chances of recovering these costs, by enforcing the judgement; however, a CCJ will leave a mark on the tenant's credit file.

Once the possession order date has expired (and the tenant still has not vacated), you will need to apply for a Warrant of Possession of Land, using form N325 (http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=562). There is an associated fee (contact your local County Court for further details); you will be given a date for the Bailiff's appointment.

Extremely Stressed
21-02-2010, 22:32 PM
Thank you for the reply, Tom. Really do appreciate it.

The tenant will definately be leaving the premises by the date ordered by the judge after my accelerated possession procedure was succesful. I just want to get the £150.00 for which I am owed and the judge also ordered them to pay. Is MCOL my best bet for reclaiming the £150.00 costs? Because even then after it expires, Wont I have to put a request in for judgement etc which will also cost money? I was thinking I would be in the position now to take it to the next step since the judge ordered them to pay the £150.00?

tom999
22-02-2010, 06:27 AM
Is MCOL my best bet for reclaiming the £150.00 costs?As mentioned above, if T is long-term unemployed or has no assets, it's unlikely you will get your costs back.


Because even then after it expires, Wont I have to put a request in for judgement etc which will also cost money?There is a fee for the claim, but no additional fee for applying for a default judgement, if T has not replied within 28 days.


I was thinking I would be in the position now to take it to the next step since the judge ordered them to pay the £150.00?Yes, you could claim now.

Extremely Stressed
22-02-2010, 18:49 PM
Thanks again, Tom. You're a diamond mate!

So just to clarify, although she is on benefits I know she has alot of assets such as plasma tvs and game consoles etc so there is plenty of things to be recovered to pay the costs.

Since this is the case, will my next step of action need to be a MCOL order so I can then proceed with judgement if they dont reply? Sorry for all the questions, head feels like it is going to explode with one problem and another :(

JK0
22-02-2010, 18:54 PM
Hmm, beware lazy bailiffs though. Although I have paid for court bailiffs to attempt to collect money, they never actually take belongings away. Why would they bother? I had already paid them!

Poppy35
22-02-2010, 18:56 PM
The tenant will definately be leaving the premises by the date ordered by the judge after my accelerated possession procedure was succesful.

not necessarily true I am afraid, the judge may have ordered possession however if they dont leave you will then need to apply to court again for bailiff order and you will then be given a date for you, bailiff and I would advise a locksmith to change the locks once you have possession.

Hope it all goes well but never assume they will leave even with a court order!

tom999
22-02-2010, 19:03 PM
Since this is the case, will my next step of action need to be a MCOL order so I can then proceed with judgement if they dont reply? Yes. But, you may wish to wait until you have regained possession of the property before claiming, e.g. if there is property damage and an inventory was completed before tenancy began, you could add any repair costs to the claim (as well as any rent that's due).

Once you have a judgement against the T, you could use the enforcement options as in post #3.

Extremely Stressed
22-02-2010, 19:30 PM
Thanks for the replies everyone!

Of course nothing is certain untill it is certain. They have already moved most of their belongings out of the property like beds, dryer etc so all is looking good. I will only be sure when the keys are in my hand though. Locksmith will be at hand ASAP also :)

One thing that confuses me, is the fact that the judge has ordered that they pay the costs of £150.00, yet I still have to pay £25 and get a MCOL etc and wait before I can enforce this, instead of being able to enforce it immediately? That doesn't make sense to me....



Hmm, beware lazy bailiffs though. Although I have paid for court bailiffs to attempt to collect money, they never actually take belongings away. Why would they bother? I had already paid them!

Hope you don't mind me asking, but did you get your money back in the end? I don't want to waste a £100!

JK0
22-02-2010, 19:57 PM
Hope you don't mind me asking, but did you get your money back in the end? I don't want to waste a £100!

No, I didn't.

Extremely Stressed
22-02-2010, 20:43 PM
No, I didn't.

I don't understand how they can just get away with it.....Really does annoy me.