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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Following my previous problems with my tenant, I attended

Resolved Question:

Hi, Following my previous problems with my tenant, I attended court on 3rd April and in the absence of the tenant who didn't turn up, I was granted an Order for Possession of the property effective today 10th April.

I was also given a judgment against the tenant for the arrears and court fee totalling £2355 and the court also ordered the DPS to release the deposit on the flat to me forthwith. All this was confirmed on the form N26.

I am now thinking my best chance of recovering at least some of what is owing is by submitting a 3rd Party Debt Order. I know this will cost me £100 but it could be worth it as I have some details of Bank accounts the tenant has.

Unfortunately the tenant has left the property a few days ago without telling me and while I now have the flat back, I have no contact details or forwarding address.

I understand the 3rd Party form has to have the address of the person on it, so I'm wondering if I am able to put his last known address, i.e the flat I've just got possession of, or if not how I can go about submitting the 3rd Part form if I don't know where he is now?

Additionally, the court order does not give any time limit for payment just a judgment to me for the amount. Is there a minimum time I have to wait before trying to enforce the judgment via the 3rd Party order or can I do it straight away now?

Finally, am I able to convert my county court judgment to a high court one after a 3rd party order request is submitted. Many thanks, Chris
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Why do you want to convert it to the high court please?
Customer:

I will only want to consider converting it to the high court if the 3rd party debt order is not effective as I understand high court enforcement has more powers thatn county court.

Alex Watts :

You need to put the last known address on the document.

Alex Watts :

Therefore you can complete it as a a last known address as per the civil procedure rules

Alex Watts :

You can later enforce by way of transferring to the High Court if you wish

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for the information. That's great. The only other thing was whether I have to wait for any period now before I can submit the 3rd Party Order request. As I mentioned the court document just mentions the judgment but no time period for him to pay. Can I submit it straight away? The judgment was made on 3rd April.

Alex Watts :

You need to wait until 14 days which is the default by the Court unless it says immediate.

Alex Watts :

Does that help?

Customer:

That's fine. It doesn't say immediate, so I'll wait for the 14 days and then submit the 3rd Party Debt Order form. Thanks very much. You've answered everything for me. Chris

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