11 months ago | 2 comments
How to add the monetary judgement of the S21 possession order?
Hello, one of the challenges landlords face is that credit references do not automatically capture the non-payment of rental arrears / costs following the S21 process. This invariably means that the credit referencing process is flawed and if anything exposes landlords to serial defaulters.
While this challenge is well known (I have even seen videos with Paul Shamplina talking about this issue in passing), what it not well understood is the process to “manually” add the monetary element of the judgement to the Register (what we think of as the CCJ).
I have seen recommendations such as: 1) write an email to the Court; 2) fill in form N322A; or even 3) fill in form N255. There is surprisingly little written on this topic with even some solicitors not being able to recommend the correct procedure.
Can anyone recommend the correct process to use to ensure the monetary judgement of the s21 possession order is properly registered so that it will appear on a credit reference report?
Thank you,
AJ
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11 months ago | 1 comments
11 months ago | 1 comments
Member Since May 2025 - Comments: 74
8:18 AM, 12th June 2025, About 10 months ago
I’m not sure you can raise a monetary judgement on a section 21 which is a non fault possession order.
It is annoying that a section 8 doesn’t automatically result in a CCJ against the tenant. I couldn’t figure out the process. Emailing the court resulted in a reply that they can’t advise on legal process….from what I could see I would need to pay more court fees to get the CCJ . The cheaper option was to start bankruptcy proceedings against the evicted tenant. In the end I figure why would I spend more money on this.
I did try raising a small claims action to get the desired CCJ but it was struck off by the court as they considered it a duplication of the section 8.
The legal system is broken and biased against the victim…..
Member Since May 2015 - Comments: 2196 - Articles: 2
8:25 AM, 12th June 2025, About 10 months ago
Reply to the comment left by Suspicious Steve at 12/06/2025 – 08:18
One approach is to make a small moneyclaim before the section 8, £300 claim costs £35 in court fees. After approx three weeks ask for a default judgement as tenants rarely defend. Any CCJ should deter the next landlord, and by taking prior action the CCJ is in place before the delinquent tenant is seeking a new property.