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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6410
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?

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

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

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

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

Customer: replied 10 months 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 months ago.
Hi Jamie,
Have you got my last question?

Sorry I was just in Court.

Have you applied to the Court to pay by instalments?

Customer: replied 10 months ago.
No I haven't
Customer: replied 10 months ago.
How do I do that?

Ok - you use form N244:

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 10 months 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?

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 10 months ago.
Not clearly
Can you explain the terms the debt can be discharged? Please put that in simple terms for me with examplesThanks

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 10 months ago.
what happens if the court refuses my offer
Customer: replied 10 months ago.
These are huge sums of money and you can't just stand up one day and produce that.

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 10 months ago.
What do you mean by there is a cost order? Is this an additional cost? and what is it for?
Please clarify.

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?

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

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Customer: replied 9 months ago.
OK thank you. I will do the rating.
Thanks for your answers. they are helpful.