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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have consulted with you before about the same issue I have

Customer Question

I have consulted with you before about the same issue
I have entered into a short hold tenancy agreement that expires on 26 the June 2015. The property is jointly owned by myself and my wife. I was declared insolvent about 3 yes ago and the matter is still not resolved . After my insolvency, we rented out our property, the landlords being my wife and myself.
The tenant paid the rent for the first few months and since March 2014, he has ceased paying rent.
My solicitor issued him with statutory notice but he contested it saying the lease he signed was invalid
After numerous court visits and considerable legal expenses occurred by us ( of course he went to CAB for his advice ), the court decided that the lease was not invalid and ordered him to pay all the arrears currently £40k. The order was granted on the 20thNovember . My solicitor sent him a demand but he refuses to pay. My wife has issued Section 48 eviction which he received on16th Jan. In the meantime,
my a attorney applied to court on the 15 Dec to freeze his bank account. We still haven't heard from court
Please advise me of my options
I am worried he may move our without paying
I would like to issue the 3 signatories of the lease with summons
I would like to make them bankrupt because they did not succeed in having the original statutory
demand put aside. The result of the original demand resulted in the court order ordering him to pay
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what is it you would like to know?

Alex Watts :

If you went bankrupt, wont any payments go to the Official Receiver?

JACUSTOMER-gvrk3yrj- : The court has ordered all the rent is paid to my wife. My trustees have agreed and have no objection.
Alex Watts :

Ok.

Alex Watts :

So you have a Court order - that is for possession?

Alex Watts :

And Judgement for arrears?

JACUSTOMER-gvrk3yrj- : No the court order is for him to pay all the arrears.
Alex Watts :

Ok. How much is the Court order for?

JACUSTOMER-gvrk3yrj- : we have not applied for possession yet.
Alex Watts :

Ok. How much is the Judgment, £40k?

JACUSTOMER-gvrk3yrj- : we have issued him with Section 8 notice which he received and
JACUSTOMER-gvrk3yrj- : signed for on 16th Jan. He has until 30th Jan to respond and pay arrears.
Alex Watts :

Ok, how much are the arrears the Court ordered?

JACUSTOMER-gvrk3yrj- : nly
Alex Watts :

?

JACUSTOMER-gvrk3yrj- : Only he does not pay arrears will we go for eviction
JACUSTOMER-gvrk3yrj- : the
Alex Watts :

How much is the Judgment for from the Court?

JACUSTOMER-gvrk3yrj- : The order is for £38k
Alex Watts :

Ok. You can take the following steps:

Alex Watts :

1) Transfer it to the High Court and send in bailiffs

Alex Watts :

2) Freeze bank account, but that will only take what money is actually in there and WONT allow it to go overdrawn

Alex Watts :

3) Attachment to earnings

Alex Watts :

4) Make bankrupt.

Alex Watts :

If you want to make them bankrupt you serve a statutory demand

Alex Watts :

You complete form 6.2

Alex Watts :

https://www.gov.uk/government/publications/statutory-demand-debt-for-liquidated-sum-payable-immediately-following-a-judgment-or-order-of-the-court-form-62

Alex Watts :

If they do not apply to set aside you can declare bankrupt

JACUSTOMER-gvrk3yrj- : The man is self employed . His wife is full time housewife
Alex Watts :

You then complete form 6.7 for bankruptcy

JACUSTOMER-gvrk3yrj- : His daughter works in the cit
Alex Watts :

The petition needs to be filled in by you and a date given by the Court.

Alex Watts :

https://www.gov.uk/government/publications/apply-to-make-someone-bankrupt

Alex Watts :

You then need to serve this demand personally.

Alex Watts :

At the bankruptcy hearing the Judge will decide whether to make them bankrupt.

Alex Watts :

There is a Court fee and Official Receiver deposit to pay. This will be about £1500

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-gvrk3yrj- : hiw do I transfer to high court and what are the approx costs
Alex Watts :

The cost is £609

Alex Watts :

£60

Alex Watts :

Let me see if I can find the form

JACUSTOMER-gvrk3yrj- : i need to go away urgently, will talk to you late this evening, hospital appt
Alex Watts :

Form N293a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf

Alex Watts :

Yes I may not be online.

Alex Watts :

But I will respond when I can

Alex Watts :

Can I clarify anything else for you about this?

Alex Watts :

Or you can just get a High Court enforcement agency to do all this for you.

Alex Watts :

For example:

Alex Watts :

http://www.hceoa.org.uk/faq/do-you-need-the-services-of-a-high-court-enforcement-officer.html

Alex Watts :

They can transfer it for you and complete the forms

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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