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should I enforce existing CCJ on my tenant or wait for possession order.........

Started by popjasoll01, April 30, 2017, 02:42:21 PM

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popjasoll01

Hi there, I gave my tenant written notice on 27/12/2016. He has not left yet. I got Judgement on 24/2/2017 for monies owed and costs (£2,280.00) I had hoped this would prompt action by him.......alas no.

I was granted a possession order with money order attached on 25th April 2017 which I can move forward if he has not left by 9th May 2017 (£3,725.00 then daily rate £27.12 thereafter).

He has said he will not move and no monies have been received since 6th March 2017 which was £125.00).

I have now been made aware that he is being chased by 3 different entities (Utility Warehouse, Autoglass, Poole Borough Council)  for debts of £750.00. One is being chased by a solicitor and two are being escalated to court threatening a CCJ against him. There may of course be more.

Can I get a baliff round on the original CCJ I have against him? Execute that to seize the necessary to cover the debt on that Judgement and then act on the possession  order once the date has passed that he should vacate by (10/5/2017)?

I am concerned that due to any delay in the warrant for possession being actioned, (which I understand can take some time) some saleable goods which would be available to cover his debt to me would be seized under a different warrant?

Any advice would be great. First bad tenant in my late mothers' property so all new to me and the rent is my only income. I am going to call the county court office to see how long the wait is on baliffs in my area and then consider whether to obtain 'leave' from County Court under Section 42(2) County Court Act 1984.

Many thanks and kindest regards

Sue

Housingenforcers

Hi I know this is an old post could you update the site before I post advice, if this is still outstanding I will be happy to advise you

bcourtois

As your tenant has no intention of moving out and you were granted a possession order for April. You need to apply for a bailiff's order to evict him from the property this procedure usually takes two months owing to the bailiff's high scheduling. Going up to the High Court enforcement is too costly and will not secure you much more time. On the eviction date you need to call out a locksmith to change the locks on the doors.

It is better to catch the tenant for money owed whilst he is still in your property, as it may be more difficult to trace him after he has moved out.

I believe there are sites like the Sheriff's are Coming where you can check their fees to collect money owed.