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Nicola-mod
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I need to enforce a property redress scheme's decision which

Customer Question

I need to enforce a property redress scheme's decision which has not been complied. It is stated that the decision is binding and final. I need
1) Some guidelines on which form to complete so that I apply for an enforcement rather than re-opening the case
2) The relevant laws making the property redress's schemes final and binding.
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

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

Could you please explain your situation a little more?
Alex

Customer: replied 4 months ago.
I used a letting agent to rent a room but, for various reasons, the room was unsafe. I then moved out and complained to the Redress Scheme, where the agent belonged, to get some compensation. The compensation was awarded, about 1200£, but the agent has not paid and has been expelled from the scheme. My only solution is to enforce the order through the courts.However as the redress's decision is final and binding to both of us, I should not re-open the case, but rather enforce.My understanding is that form N322A can be used to enforce a decision which i) requires the permission of the court, but ii) can be enforced as if it were a court order.I need a confirmation that this form is appropriate, and enough, to proceed with the enforcement of an order from a lettings agent redress scheme (there are three in total).
I dont know for example, what is the outcome after sending form N322A.I also need to identify the legislation making the scheme's orders final and binding, and that they can be enforced as if they were a court order. But I cannot find this.
Expert:  Ash replied 4 months ago.

Correct. Its N322a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n322a-eng.pdf

The Court will transfer this into a Judgement which can be enforced in the usual way.

You make an application, then the Court gives permission to enforce.
Can I clarify anything for you about this today please?
Alex

Customer: replied 4 months ago.
Thank you, ***** ***** 50% covered.
as I mentioned, I also need to identify the legislation making the scheme's orders final and binding, and that they can be enforced as if they were a court order.The form N322A reads: 'Please give details of the legislation that allows you to enforce this decision'
But I cannot find this.
Expert:  Ash replied 4 months ago.

Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc)(England) Order 2014 (SI 2014 No. 2359)

Does that clarify? Alex

Customer: replied 4 months ago.
I have seen this, but it just states the requirements to belong to a scheme, it does not say the decisions can be enforced as if they were a court order. The same is true for the 2013 order with similar title.
Expert:  Ash replied 4 months ago.

It does:

Recovery of monetary penalty

10.—(1) The enforcement authority may recover the monetary penalty on the order of a court, as if payable under a court order.

(2) In proceedings for the recovery of the amount due, a certificate which is—

(a)signed by the enforcement authority’s chief finance officer (within the meaning of section 5 of the Local Government and Housing Act 1989(1)); and

(b)states that the amount due has not been received by a date specified in that certificate,

is conclusive evidence of that fact, and a certificate to that effect and purporting to be signed is to be treated as being signed, unless the contrary is proved.

Customer: replied 4 months ago.
This is the confusing part.The enforcement in (10) refers to enforcing the requirement of a letting agency belonging to a redress scheme.
The monetary penalty, and its enforcement in 10-1 refers to the 5,000£ fine if an agent is not member of a scheme.I dont think that section describes the scheme's decisions.
Expert:  Nicola-mod replied 4 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
Please cancel the question as I was expecting to get an answer faster.

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