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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 3249
Experience:  Solicitor
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I am a landlord, and a tenant won a case against me. His

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I am a landlord, and a tenant won a case against me. His solicitor is trying to obtain an order for sale to force me to sell my house. Can anyone help with this?
Submitted: 10 days ago.
Category: Property Law
Expert:  Jamie-Law replied 10 days ago.

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

How much was the Judgment for? What was the Judgment for?

Customer: replied 10 days ago.
the Judgment was for an amount of about £27,400
and the former tenant claims illegal eviction and housing disrepairs
Customer: replied 10 days ago.
I will be back shortly in about 15mins
Customer: replied 10 days ago.
I am back now. Can you let me know what I need to do about this case?
Expert:  Jamie-Law replied 10 days ago.

Ok - did the Court impose when payment was to be?

Customer: replied 10 days ago.
They did give me a date which has expired because I launched an appeal which was dismissed.
So I guess it is a case of having to pay the money now.
But I did make an offer to the other sollicitors given that this is a huge sum of money. But they just ignored my offer and went on seeking to get an order to sale. There is a hearing scheduled for the 3rd of July but I would like to know what I can do in the meantime.
Should I make another offer or how can it work?
Customer: replied 10 days ago.
Hi Jamie,
Have you got my last question?
Expert:  Jamie-Law replied 9 days ago.

Sorry I was just in Court.

Have you applied to the Court to pay by instalments?

Customer: replied 9 days ago.
No I haven't
Customer: replied 9 days ago.
How do I do that?
Expert:  Jamie-Law replied 9 days ago.

Ok - you use form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n245-eng.pdf

There is a Court fee for this, but I think its only around £50

Can I clarify anything for you about this today please?

Customer: replied 9 days ago.
What happens when I fill this form?
Is that all I need to do?
I am worried about the fact that they are seeking for an order for sale
In what circumstances can the court give an order to sell?
Expert:  Jamie-Law replied 9 days ago.

The Court gets it and its considered to see whether to Order to pay by instalments.

If you do, then they wont get an order for sale.

They can get an Order for sale if there is lots of equity, the debt can be discharged and/or you have not made payments.

Does that clarify?

Customer: replied 9 days ago.
Not clearly
Can you explain the terms the debt can be discharged? Please put that in simple terms for me with examplesThanks
Expert:  Jamie-Law replied 9 days ago.

In full - an example of this is where you make full payment in the sum of £27,400

Part payment - where you make a payment of, for example £10,000

By instalments - for example where you pay £1000 a month

Does that clairfy?

Customer: replied 9 days ago.
what happens if the court refuses my offer
Customer: replied 9 days ago.
These are huge sums of money and you can't just stand up one day and produce that.
Expert:  Jamie-Law replied 9 days ago.

if the court refuses the offer they can get a charge and order for sale.

I realise you Can't just quickly raise the funds. But it also has to be balanced against there is a cost order and the creditor is entitled to payment.

Does that clairfy?

Customer: replied 8 days ago.
What do you mean by there is a cost order? Is this an additional cost? and what is it for?
Please clarify.
Expert:  Jamie-Law replied 8 days ago.

Costs order means an order that yo pay the other side.

Yes, it would be an additional cost to enforce such an order for sale etc.

Does that clarify?

Expert:  Jamie-Law replied 3 days ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars 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 as it is an important part of the online process! Thank you.

Please bookmark my profile if you wish for future help.

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 3249
Experience: Solicitor
Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 2 days ago.
OK thank you. I will do the rating.
Thanks for your answers. they are helpful.

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