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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7678
Experience:  Solicitor
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We have a court order to evict a tenant with 6 months rent

Customer Question

We have a court order to evict a tenant with 6 months rent arrears. She has a large self pension investment/pension fund. how can we get what she owes from her pension?
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 2 months ago.

How much is owing?

Customer: replied 2 months ago.
With court fees etc about £10000
Customer: replied 2 months ago.
Can you please phone me? I have already paid one payment. If that did not include the phone call then I want a refund please.
Expert:  Jamie-Law replied 2 months ago.

A phone call is an extra cost. We can keep it online for the original fee.

I am about to type what you need to do.

Expert:  Jamie-Law replied 2 months ago.

Ok - then you can make her bankrupt. That is the most efficient way.

You need to serve a statutory demand:

https://www.gov.uk/statutory-demands

Once you have done that then and 21 days has elapsed you can apply for her to become bankrupt.

To do that you need to complete a petition:

https://www.gov.uk/apply-to-bankrupt-someone

The Court will list the matter for hearing and decide whether the demand/petition has been served and if over £5,000 is owing

If so, then the court will bankrupt them. The Official Receiver will then be appointed to sell assets to pay creditors.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 months ago.
Please email me your advice. I am an experienced landlord. If you can’t advise me then please don’t waste my time and refund me.
Expert:  Jamie-Law replied 2 months ago.

Can you see the above? It remains in your account and you can come back to it at any time by clicking on 'My Questions'.

You can't get money direct from her pension. Only assets such as land or shares.

But you can make her bankrupt, who the OR will charge the pension pot

Does that clarify?