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Guaranteed way to get the tenant to pay up

Is it the case that an "Order for Possession", otherwise known as a N26 form, which obviously makes a court order to leave the premises and pay the claimant the rent in arrears and associated costs, still allows a defendant the ability not to pay up?

Was just going through some orders I have seen and doing a corresponding CCJ check on the defendants that there is nothing against their name.

How or what is the correct legal manner to get the tenant/defendant to pay if they do have the means to do so?
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Comments

  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    Small claims post eviction
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • m5rcc
    m5rcc Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    duchy wrote: »
    Small claims post eviction

    For £50,000+?
  • theartfullodger
    theartfullodger Posts: 15,779 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have a residential tenant who owes you more than £50k in rent arrears?? Or is this something else...

    Does he own assets (eg property in UK) or have a PAYE job you know about??
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    m5rcc wrote: »
    For £50,000+?
    How on earth has your tenant ended up owing you so much? :eek:
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    If you already have a court order for the debt you should enforce it. This will depend on whether the debtor has any assets.

    If you don't have an order, then obviously you should get one first. For that amount it won't be small claim.

    Considering the rather large amount, you'd be better off discussing with a professional...
  • m5rcc
    m5rcc Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    How on earth has your tenant ended up owing you so much? :eek:

    Not my tenant - Annual rent was £37k
  • m5rcc
    m5rcc Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    jjlandlord wrote: »
    If you already have a court order for the debt you should enforce it. This will depend on whether the debtor has any assets.

    If you don't have an order, then obviously you should get one first. For that amount it won't be small claim.

    This is my question: an Order for Possession exists and he's been kicked out however he has not paid, even though the OfP asks him to pay.
  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
    A High Court Enforcement Officer is probably the next step, they can seize assets.
  • m5rcc
    m5rcc Posts: 1,544 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    DTDfanBoy wrote: »
    A High Court Enforcement Officer is probably the next step, they can seize assets.

    OK - is there a statute of limitations from when the Order for Possession is enforced to actually actioning enforcement? (No - I don't know why it has not be done yet)
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    m5rcc wrote: »
    OK - is there a statute of limitations from when the Order for Possession is enforced to actually actioning enforcement? (No - I don't know why it has not be done yet)

    Yes, there is: 6 years. As you could have found out quickly if you had researched the issue a bit.

    Are you going to do your homework or (better) instruct a professional?
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