How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am a landlord and received a CCJ in my favour arrears

Customer Question

I am a landlord and received a CCJ in my favour for rent arrears but the tenant (now ex) still has not paid or responded. This leaves me to apply for enforcement but how will I deal with the deposit which is protected.
Thanks and I look forward to hearing.
Paul Hourigan.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you ask the Court to offset the deposit against arrears please?
Customer: replied 1 year ago.
no, I didn't.
Expert:  Ash replied 1 year ago.
Ok. You need to apply to the Court to do that. Only the TDS can release it with a Court order. So make an application to Court to vary the existing order to allow it to be set off.
Then you can send that to the TDS and they can release it to you.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
hi Alex,
I have now spoken to the Court re applying to vary the existing order but unfortunately this cannot be done in this instance. The only way apparently is to obtain a separate Court order to deal specifically with recovery of the deposit. I shall now set about how to do this and mean while I do think I am entitled to the return of my fee of £38 as I did not get the correct information. If you want to get confirmation of my telephone conversation today it was with the County Court Business Centre, Northampton NN1 2LH, telephone no. 0300(###) ###-####Paul.
Expert:  Ash replied 1 year ago.
Did you have a hearing which the Judge attended or was this accelerated procedure?
Customer: replied 1 year ago.
Hi Alex,
No, there was none of this, I used the Money Claim Online for arrears of rent of £2240 (including Court fee £105), on the Admission Form the defendant's offer of payment was to use the deposit and pay by monthly instalments of £150 pm. Despite several requests he failed to cooperate in arranging for the return of the deposit and no payments were made, he vacated the property on 16th February although had agreed earlier, proceedings were commenced in April.So it seems all that's needed now is how to go about getting this Court order for the TDS.
Expert:  Ash replied 1 year ago.
You need to apply for that using form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You need to make an application in existing proceedings. You can tick without a hearing as the Court fee is only £50 but the Judge may want an actual hearing and that Court fee is £155.
Alex