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: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

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, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.