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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a court order for possession against my tenant for non

Customer Question

I have a court order for possession against my tenant for non payment of rent, which he has completely ignored neither moving by the due date or paying any of the monies owing.
He only paid the first month although working. The property is let fully furnished, even the TV is mine. I do not believe my tenant has anything of value, his computer, phone car etc belong to his firm. He has a good job and is paid about £30 per year so he can afford £380 a month rent.

I wish to apply for a writ for possession of my property and then later apply for an attachment of earnings. I cannot work out which forms to use. I have gone through the courts service website and have found several ones. Forms for "Combined certificate of judgement and request for a writ of fieri facias or writ of possession", there are two for "Writ of possession" forms 66 and 66a. However there are no guidance leaflets available.

Can I apply for such writs myself or do I have to use a solicitor?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply
Alex Watts : Yes you can do this all yourself.
Alex Watts : You do not need a writ but request a warrant for posession
Alex Watts : You complete form N325 for possession of land - http://wbus.westlaw.co.uk/forms/pdf/cpf00266.pdf
Alex Watts : Then if you want an attatchment to earnings you need to complete form n 337 -http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n337-eng.pdf
Alex Watts : Thesevare the two forms you need.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-cc89gdv6- :

on the latter, do I have to get a search in the attachment of earnings index first?

Alex Watts : No. You just apply to the court.

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