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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a suspended court order arrears. I am

Customer Question

Hi,I have a suspended court order for rent arrears. I am wanting to move out before the 6 months is up on the suspended order. If I move out do I have to repay the full arrears or can I still repay it over the 6 month suspended order period?Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
If you move out now then it's still repayable over 6 months. The court order is valid unless it is overturned or changed. So yes 6 months
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi,Thanks. Can they take the arrears from our deposit or would they need to stick with the 6 months suspended order? Would I need to get anything in writing from them or legally they can't process the order within the 6 months if the correct monthly payment is being made?Thanks
Expert:  Ash replied 1 year ago.
they can take it from the deposit yes, but this is set off. You don't need anything in writing, you have a court order
Alex
Customer: replied 1 year ago.
Presumably there would be no way for us to stop them taking it from deposit and being able to pay it over the 6 months?Thanks
Expert:  Ash replied 1 year ago.
Sadly not. It's a matter of set off which is legal. They owe you, you owe them.
Does that clarify?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes. Thank you
Expert:  Ash replied 1 year ago.
No problem,!
Alex
Customer: replied 1 year ago.
Hi,I have just had a response from my letting agent. I gave official notice on the 14th Jan. The court order is Rent plus £800 every month. I have always intended and will pay the rent plus £800 this month on or before the 23rd Jan as instructed by the courts. The letting agent has made other demands to accept our one months notice (Email copied below)."WITHOUT PREJUDICEAttn Ms Kemi –Jade Egan & Ms Laura WestWe are in receipt of your emails dated 12.01.16, 14.01.16 & 17.01.16 the contents of which have been noted.A one month notice from 13.01.16 will be accepted under the following conditions.The courts directions/judgement will be followed as to the timing of payments. We will not accept clearance of arrears on departure as indicated in your email.Arrears as of 06.01.16 £4759.99Rent due 24.01.16 to 13.02.16 £1645.47Court costs £ 319.50Total due £6724.96A payment of £3183.33 to be received in our account by no later than 23rd January 2016. (as per the courts directive, the current rent plus £800.00 arrears). Balance of payment of arrears in the amount of £3541.63 to be received in our account by no later than 31st January 2016.If this is not acceptable and the courts directives are not followed then we reserve the right to apply to the courts for a Warrant of Execution (bailiffs) to attend, and further action should it be required for recoveries of any outstanding arrears including CCJ, Attachment to earnings, 1st charges against properties etc…We await your reply."Legally can they request any of these conditions or am I right in thinking they can't demand:
- It be paid by the 31st Jan
- the deposit cover arrears and that can be used to clear them (regardless of their demands)
- the £319.50 in costs is outside the court order and therefore can't be used to enforce the suspended orderI will happily pay an extra question fee in order to get an answer to my queries, but I wanted to ask you rather than potentially have to explain again to someone else.Thanks
Expert:  Ash replied 1 year ago.
No. They can only demand what the court ordered, nothing else.
Alex
Customer: replied 1 year ago.
They have stated they will only accept the months notice on conditions. Can they do this? The months notice does not fall on the AST rent date, so don't know if this allows them to not accept it.Thanks
Expert:  Ash replied 1 year ago.
No they can't do this - they are in breach.
Alex