Hello my name is ***** ***** I will help you with this.
Do you have a County Court Judgment yet?
If not would tenant agree to a charge, I assume not?
I haven't done anything yet. My first decision is to decide what I can actually claim. Is it just the rent up until the new tenant signs the lease or can I also claim for the rent I will lose until the tenant starts to pay rent in August 2015?
I am prepared to take the matter to court but because of the amount involved I suppose that this will not be in the small claims court. Getting a judgement against him will not in itself help because he has other debts. I want to take the charge so that if he declares bankruptcy I might get some of the money back.
Any claim under £10,000 would be a small claim.
To be fair you are much better once you get a CCJ is to get a charge on property.
This makes the debt secure and you know once there is a disposal of the property, you should get paid
You are entitled to recover any direct losses as a result of non payment
Can I clarify anything for you about this today please?
Once I get the CCJ is it a difficult process to take a charge on the house? Is it something I could do myself or do I need a solicitor? I am anxious to keep cost to a minimum as I rely on this income as my pension.
No, its easy, you fill out a form, do a search at the land registry.
You can do it yourself.
The cost is £100 application to Court, £6 fee to land registry and £50 to register the charge
Search Land Registry here: eservices.landregistry.gov.uk/wps/portal/Property_Search
Thanks Alex , very Reassuring
Application form to Court here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n379-eng.pdf
Once you get the interim charge, apply to Land Registry here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352954/RX1.pdf
Read the guides here: