PDA

View Full Version : Court/ repossession/ Bailiffs will this be logged as an offence ? Blacklisted ?



theoldcastle
27-12-2011, 00:49 AM
Am now waiting for the bailiffs date to be evicted after section 21 and possession order, and just wondered would this make me blacklisted in the future?
I am not in arrears,do not owe any money anywhere and have never been in trouble with the law but was wondering if the repossession/eviction would mean a bad credit rating ?
Theoldcastle

mariner
27-12-2011, 03:10 AM
A s21 (no fault) repo order & subs Bailiff eviction should not adversely impact your credit report but do not expect a positive LL ref

boletus
27-12-2011, 03:22 AM
This is from trust online
http://www.trustonline.org.uk/understand-judgments-fines/ccjs-what-are-they/

Most CCJs will appear on the register but there are some that don’t. To be capable of being registered the judgment must either have been issued in default (i.e a judgment without trial where no defence was entered) or else defended and payment is by instalment order or where enforcement action is being taken. (There are other conditions and exemptions and for the full list of criteria please refer to the latest statutory instrument relating to the Register of Judgments, Orders and Fines Regulations.)


Here is one of the many threads on the subject;
http://www.landlordzone.co.uk/forums/showthread.php?37188-Judgment-in-default-and-CCJs-application-procedure/page3
and
http://www.landlordzone.co.uk/forums/showthread.php?3741-Registering-a-judgment-CCJ

I have asked different courts the question and have received varying replies.

My personal guess, for what it's worth:
If a landlord is awarded a County Court Judgement for possession with costs and the tenant does not pay, it does not automatically get entered on the register of CCJ's. A landlord must enforce the costs element by paying further court fees for either;

1. A warrant of execution
2. An attachment of earnings
3. Third party debt order
4. A charging order

In your case, there is no money owing* therefore no entry against you can be made on the register. Once the bailiffs have evicted you the judgement is 'satisfied', as it is within 28 days, no entry is made.

So for most landlords gaining a possession order and thinking it is entered on the register of CCJ's for 6 years, they are labouring under a misconception. Unless they enforce it.

Happy to be proved wrong.





* You state you do not owe any money anywhere. Are you sure your landlord wasn't awarded costs?

theoldcastle
29-12-2011, 00:37 AM
There were court costs which have already been paid by the date on the possession notice.

Darth Wookie
29-12-2011, 10:12 AM
Firstly, I appreciate that a section 21 notice is a no-fault notice and that it does technically need a court order to enforce the termination of the tenancy.
However, I never cease to be surprised at the number of people who do not accept their tenancy terms by ignoring the requirements of a S21, ie leaving as requested. When you sign up to a 6, 12 or longer tenancy, it states that the agreement ends at the end off that period. That is when it ends, simples. If a tenant wishes to stay on beyond that point, it should be by negotiation and mutual agreement.
There is a subtle difference between legal right and moral right.

Armin
29-12-2011, 12:40 PM
I recently went through the dance of having tenants referenced by an agency and on their tenant questionnaire it prominently asks "have you ever been evicted?". You'll either have to lie or be honest, neither is very desirable. Unless you find a landlord who doesn't put much stock into reference checks, you might find it difficult to rent privately and in the future without lying on such background check forms.

I personally would not rent to tenants who had been evicted in the past.