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View Full Version : Section 8 & Attachment of Earnings Order



timbo4444
05-12-2007, 16:18 PM
Hi
two tenants moved in August 1, paid one month rent upfront and one month deposit. Since then they have paid just £550 more and owe three months plus £100 rent, totalling just over £2k, so they owe more than two months rent enabling me to apply for posession via section 8. It's usual story of them saying they are going to pay; cheque in post; paid cash direct into account and they have receipt to prove it(they hadn't); etc.

I've filled out Section 8 notice seeking possession on grounds 8; 10; 11 and 14 (several complaints re noise at night) and have a county court date on December 18.

I need some advice for the hearing - can I ask the court to consider giving me immediate possession considering the 'nuisance' caused by tenants and bearing in mind they have made no effort to pay rent in past so are just building up more debt?

Do I just ask there and then, if all goes my way, if the judge would consider an attachment of earnings order considering they have consistently failed to meet their own deadlines re payment or do I fill out a form?

Any other advice gratefully received. I have evicted someone under Section 21 before and represented myself at court. I'd like to be prepared for any surprises.....if the facts are agreed in court is that it, will I get possession or can they argue severe hardship or anything like that?

jeffrey
05-12-2007, 16:20 PM
If g8 is still true as at hearing date, Court cannot refuse immediate and binding Possession Order.

timbo4444
05-12-2007, 16:24 PM
by 'still true' do you mean if they are still outstanding more than two months' rent? Presumably that means they can pay me on the day of hearing and I can't get them out of the flat?

ah84
05-12-2007, 16:30 PM
Indeed if they pay the arrears below 2 months on day of hearing then possession is not mandatory.

Do you have any evidence to prove the nuisance?

In terms of timing I doubt order will be immediate. I was represented at a similar section 8(i.e with nuisance being a major factor). Possession was mandatory due to rent arrears and my barrister asked the judge to grant possession forthwith due to the nuisance. Judge gave 7 days which is a compromise on the standard 14 but not much help when you might have to wait quite a few weeks for the bailiffs.

jeffrey
05-12-2007, 16:31 PM
by 'still true' do you mean if they are still outstanding more than two months' rent? Presumably that means they can pay me on the day of hearing and I can't get them out of the flat?
Yes. For g8, there must be > 2 months' rent unpaid both as at:
a. date of s.8 Notice; and
b. date of hearing.

Even if whole debt is cleared before/at hearing, g11 [persistent late payment] and g14 [conduct] are available (albeit discretionary grounds).

timbo4444
05-12-2007, 17:02 PM
i have proof of nuisance from the management company who wrote to me re residents' complaints of noise.

thanks to you both for your advice - am very grateful....and judging from your responses I just ask the judge on the day to consider an attachment of earnings order.

thanks again.

davidjohnbutton
05-12-2007, 17:58 PM
You will not get an attachment earnings order simply by asking the judge at the possession hearing. You have to apply separately and if the judge makes an order for say £100 a month, so long as the £100 a month is met and on time, you cannot apply further enforcement such as a warrant execution or attachment or third party debt order until there is default on the court order.

You will be better off by allowing the judge to set reasonable instalments. An attachment order works like this:-

Debtor tells court his liabilities and incomes. Court fixes a "protected income" - shall we say £250 a week and an employer to deduct £20 a week - if the wages fall below £250, then the employer is not required to deduct anything at all. The danger is that you might well end up with an order which is well below that level which would be fixed on an instalment order.

Surrey
05-12-2007, 19:52 PM
You will not get an attachment earnings order simply by asking the judge at the possession hearing. You have to apply separately and if the judge makes an order for say £100 a month, so long as the £100 a month is met and on time, you cannot apply further enforcement such as a warrant execution or attachment or third party debt order until there is default on the court order.

You will be better off by allowing the judge to set reasonable instalments. An attachment order works like this:-

Debtor tells court his liabilities and incomes. Court fixes a "protected income" - shall we say £250 a week and an employer to deduct £20 a week - if the wages fall below £250, then the employer is not required to deduct anything at all. The danger is that you might well end up with an order which is well below that level which would be fixed on an instalment order.

And don't expect to get much awarded. Debt for £5k, got an order of £50 a month. Debt due from someone who I KNOW goes out frequently at weekends and gets plastered with his mates, as I know a friend that he goes out drinking with.

The allowances that are taken into consideration are very generous, and a lot more than you'd be on if you were on income support. Subsistence, my eye.

timbo4444
06-12-2007, 10:50 AM
thanks to all of you for your advice - will leave it up to court and just hope I get possession back asap.....that's the bigger picture, if i have to write off £2k, sobeit.
thanks to you all once again

Colincbayley
06-12-2007, 10:53 AM
thanks to all of you for your advice - will leave it up to court and just hope I get possession back asap.....that's the bigger picture, if i have to write off £2k, sobeit.
thanks to you all once again

Possession is the most important thing. Also, instead of writing off the £2K ( if it comes to that ) sell it on to a debt collection agency.

Surrey
06-12-2007, 16:44 PM
I dunno, if you get £50 a month coming in for the next few years, just pay the cheques into a different bank account and squirrel it away (or buy an annuity or summink) so that when the debt does eventually end up paid, you'll actually have a sum of money to show for it. If you just take the money each month it'll be spent in no time and you won't notice it.

timbo4444
11-12-2007, 13:15 PM
what is most likely to happen to LL who changes locks and bags possessions....is it breaking and entering/criminal damager? just curous to know what could happen

Surrey
11-12-2007, 14:30 PM
what is most likely to happen to LL who changes locks and bags possessions....is it breaking and entering/criminal damager? just curous to know what could happen

Without a proper court order for eviction, expect a nice holiday at her majesty's pleasure, at worst. Illegal eviction is looked upon VERY seriously.