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enforce a judgement on my LL - need help
vikramrkin
Posts: 241 Forumite
Thanks to all the ppl who answered so many of my previous questions related to the same topic. To summarise my situation -
Previous LL refusing to give my tenancy security deposit. Went to county court (through Money Claim Online) and made a claim for 3x deposit + deposit (as it was not protected). LL told me that I could go to court if I wanted to, but nothing will happen to him as he is moving abroad. As expected, I haven't heard from him (LL) regarding my claim. Now I have asked for a judgement and will be granted soon. My question is what next? How to enforce it?
I am not sure of his employment status, but when I ran a search on Land Registry I found out that house is in his name and he has a mortgage on it.
One of the MSE members earlier suggested that I should put a third party debt order on the existing tenants. But when I spoke to a legal helpline, they said that Third Party Debt Order doesnt apply in this case as the tenants dont "owe" any money to the LL, they "Pay the rent". Helpline suggested me to put a charging order on the property. Is that the only option I have? If I put a charging order, can I force him to sell the house?
Many thanks for your help.
Vikram
Previous LL refusing to give my tenancy security deposit. Went to county court (through Money Claim Online) and made a claim for 3x deposit + deposit (as it was not protected). LL told me that I could go to court if I wanted to, but nothing will happen to him as he is moving abroad. As expected, I haven't heard from him (LL) regarding my claim. Now I have asked for a judgement and will be granted soon. My question is what next? How to enforce it?
I am not sure of his employment status, but when I ran a search on Land Registry I found out that house is in his name and he has a mortgage on it.
One of the MSE members earlier suggested that I should put a third party debt order on the existing tenants. But when I spoke to a legal helpline, they said that Third Party Debt Order doesnt apply in this case as the tenants dont "owe" any money to the LL, they "Pay the rent". Helpline suggested me to put a charging order on the property. Is that the only option I have? If I put a charging order, can I force him to sell the house?
Many thanks for your help.
Vikram
0
Comments
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Any idea if he is genuinely abroad or not?
You can put a charge against the house. This will not mean that you get the money but it will mean that it cannot be sold without your debt being paid. In some circumstances you can get orders that force the mortgage company to add it to the debt and pay out I think. I'm afraid I can't remember the details.
If he is still getting paid in the UK or has accounts in the UK there are things you can do, but your options are limited if you can't serve notices on him.0 -
you now need a warrant of execution....0
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A lot of judgements never get paid - the defendent simply sidesteps a lot of the enforcement action.
You can send in a bailiff to seize their goods or get an attachment of earnings if they are employed (not self-employed) and if they are in the UK.
My friend had a lodger who absconded after being pursued by debt collectors for other debts. It's apparent that they switch accommodation (absconding after not paying the last month's rent) and change jobs regularly to avoid an attachment of earnings. For example, this lodger actually left her employer for a week just to thwart the attachment of earnings - her employer told the claimant that they no longer worked for the company. Then she popped up working for the same company at another branch under a new payroll number after taking a week off. This is how agile and knowing some debtors are.0 -
you now need a warrant of execution....
Actually they need a judgement next - they are getting a little ahead of themselves.
OP - did you actually claim for the return of the deposit plus 3x using the small claims only track? If so, the judge should refuse to award the 3x as this is not a small claims track case.0 -
Has he gone abroad with his employers? if paid via the UK you maybe able to get an attachment of earnings.
Has he moved to an EC country?0 -
Actually they need a judgement next - they are getting a little ahead of themselves.
OP - did you actually claim for the return of the deposit plus 3x using the small claims only track? If so, the judge should refuse to award the 3x as this is not a small claims track case.
Sorry what is "small claims track case"? I did go to small claims court (using money claim online) and claimed fro 3x + deposit. This morning, I completed 14 days of waiting and requested for a Judgement and hoping that I will get it soon.0 -
Has he gone abroad with his employers? if paid via the UK you maybe able to get an attachment of earnings.
Has he moved to an EC country?
He told he is going to Dubai, I dont think he has gone through his employer. I dont know where he worked, so I dont think I have attachment of earnings as an option.0 -
Yes, a warrant of execution might help if there are enough goods in the property to enforce a judgement.
http://www.hmcourts-service.gov.uk/infoabout/enforcement/warrant/index.htm0 -
princeofpounds wrote: »Yes, a warrant of execution might help if there are enough goods in the property to enforce a judgement.
http://www.hmcourts-service.gov.uk/infoabout/enforcement/warrant/index.htm
The property he owns is been rented out. The only "valuable" items there could be boiler, cooker etc, which the tenants will be using. The place where he lived may have changed now or he may in dubai as he had claimed, I dont know how to find that out.0 -
I'm wondering if the court can force the mortgage company to reveal his whereabouts? The data protection act can be circumvented in certain situations when court cases are concerned I think.
A tracing agent might be able to find him and confirm if he is lying or not about heading abroad, but that costs money.
A charge on the property seems to only immediately practical thing to do. The people and landlordzone forums might have an answer for you.0
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