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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Following my previous problems with my tenant, I attended

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Hi, Following my previous problems with my tenant, I attended court on 3rd April and in the absence of the tenant who didn't turn up, I was granted an Order for Possession of the property effective today 10th April.

I was also given a judgment against the tenant for the arrears and court fee totalling £2355 and the court also ordered the DPS to release the deposit on the flat to me forthwith. All this was confirmed on the form N26.

I am now thinking my best chance of recovering at least some of what is owing is by submitting a 3rd Party Debt Order. I know this will cost me £100 but it could be worth it as I have some details of Bank accounts the tenant has.

Unfortunately the tenant has left the property a few days ago without telling me and while I now have the flat back, I have no contact details or forwarding address.

I understand the 3rd Party form has to have the address of the person on it, so I'm wondering if I am able to put his last known address, i.e the flat I've just got possession of, or if not how I can go about submitting the 3rd Part form if I don't know where he is now?

Additionally, the court order does not give any time limit for payment just a judgment to me for the amount. Is there a minimum time I have to wait before trying to enforce the judgment via the 3rd Party order or can I do it straight away now?

Finally, am I able to convert my county court judgment to a high court one after a 3rd party order request is submitted. Many thanks, Chris

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Why do you want to convert it to the high court please?

I will only want to consider converting it to the high court if the 3rd party debt order is not effective as I understand high court enforcement has more powers thatn county court.

Alex Watts :

You need to put the last known address on the document.

Alex Watts :

Therefore you can complete it as a a last known address as per the civil procedure rules

Alex Watts :

You can later enforce by way of transferring to the High Court if you wish

Alex Watts :

Can I clarify anything for you about this today please?


Thank you for the information. That's great. The only other thing was whether I have to wait for any period now before I can submit the 3rd Party Order request. As I mentioned the court document just mentions the judgment but no time period for him to pay. Can I submit it straight away? The judgment was made on 3rd April.

Alex Watts :

You need to wait until 14 days which is the default by the Court unless it says immediate.

Alex Watts :

Does that help?


That's fine. It doesn't say immediate, so I'll wait for the 14 days and then submit the 3rd Party Debt Order form. Thanks very much. You've answered everything for me. Chris

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