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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 tenant who has not paid rent in 8 months. I took m

Customer Question

I have a tenant who has not paid rent in 8 months. I took him to court, and though he didn't appear, the county court ordered that he leave the room the next day, and pay the rent he owes, plus costs. At that point, 11th May, he owed £2845.
He still hasn't moved out.
And his subsequent rent date has come around again.
He now owes £3205.
He will owe another additional month in 8 days, bringing the amount to £3565.
Can you please tell me in a step by step manner what I have to do to get him to leave, as well as ensure that I receive the rent he owes, both that rent awarded to me by the court as well as the £700 in recent rent he owes for still living there?
Very many thanks.
Submitted: 5 months ago.
Category: Property Law
Expert:  Ash replied 5 months ago.

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

Is he working? Have you got a warrant of eviction yet?

Customer: replied 5 months ago.

If he isn't working, he can pay the rent using housing benefit.

The fact he hasn't claimed housing benefit to pay his rent for him leads me to believe that he is working.

I haven't applied for a warrant of eviction yet.

If the next step is apply for a warrant of eviction, how will that process also reward me with the rent he owes?

Expert:  Ash replied 5 months ago.

Ok - you need to apply for a warrant of eviction. The cost is £100.

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n325-eng.pdf

The bailiffs will evict him.

Does that clarify? Alex

Customer: replied 5 months ago.

Thank you. And in applying for that warrant of eviction, how will I recoup the money owed to me?

Expert:  Ash replied 5 months ago.

Well if the tenant has no money, you may just have a paper judgment, nothing more.

I am sorry. Alex

Customer: replied 4 months ago.

But when they evict him, what would be the next step or piece of paper I need to fill out to pursue him for the money owed?

Also on the warrant form, it says:

A) Balance due at date of this request

B) Amount for which warrant to issue:

The court said he owes £2845

Another rent period has now passed, making it £3205

In five days, it'll go up to £3565.

For A is it right to put £3205?

For B is it right to put £3565?

Please clarify both.

Also can you please clarify what the Issue fee is so that I can fill in the appropriate box? Is it definitely £100?

Also who do I send this form to? Do I just send it to the County Court for the Attention of the bailiff at the County Court where the order of possession was issued?

In filling out this form, is the bailiff also going there to collect money?

Expert:  Ash replied 4 months ago.

If you have an order for possession then any fees are included if you requested these from the Court.

The fee for the warrant is £100.

Does that clarify?
Alex

Customer: replied 4 months ago.

Thank you - but can you please tell me: how do the bailiffs get the money from him? If he doesn't hand over the money, what would I need to do to pursue the money?

Expert:  Ash replied 4 months ago.

No. That is for you to do. You can either instruct bailiffs to recover money, freeze his bank account or make him bankrupt if its over £5000.

Alex

Customer: replied 4 months ago.

thank you - ok final question: so do I have to pay the issue fee by attaching a cheque for £100 to the court?

Expert:  Ash replied 4 months ago.

Yes you do. Payable to HMCTS

Does that clarify? Alex

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: replied 4 months ago.

Alex, on your advice I sent the warrant to the court with the £100 cheque. They sent it back saying a warrant is £110, not £100.

Expert:  Ash replied 4 months ago.

Yes it was £100 for quite some time, look like it went up a couple of weeks ago.

Alex

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