How to recover rent arrears?

How to recover rent arrears?

9:30 AM, 8th July 2024, About 2 weeks ago 7

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Hi everyone, please can I get some advice on how to proceed.

Tenants have an outstanding balance of around £3000 in rent arrears. The possession court date was around 3 weeks ago which the tenant chose not to attend, full possession was awarded with a money judgment order for court costs of £355 and arrears.

The tenant was told to pay the outstanding balance and costs within 14 days and vacate the premises (no reply from the tenant), they are still in the property.

I have applied for bailiffs through PCOL which is an additional £143 costs and now awaiting a date to evict the tenant.

How long is the approximate wait time for bailiffs in the Kent area?  My understanding is that the money judgment order is a CCJ but it’s not registered against the tenant on the online register?

Regarding the outstanding balance, is the best solution to make a money claim online or can I enforce the unpaid judgment through additional bailiffs to seize potential goods.

Would you suggest to submit an N316 form to force the tenant to attend court for questioning in regards to debt. What other routes are good for a tenant that isn’t willing to respond?

Thanks for your help,

Ryan


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Judith Wordsworth

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11:58 AM, 8th July 2024, About 2 weeks ago

No point in the tenant being forced to attend court. You have the judgement for possession and rent arrears.

The Possession Order will give you the information re your next steps. I would, while you know where they are, issue a MoneyClaimOnline for the amount you are seeking plus the court fees for this. It's done online !

Ring the Court/Bailiffs Office in the area of the property and ask what their enforcement time is?

havens havens

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14:36 PM, 8th July 2024, About 2 weeks ago

Dealing with tenants can be such a hassle! If you've already got a possession order and they haven't moved out, applying for bailiffs is the right move. In Kent, bailiff wait times can vary, but it’s often a few weeks.

Since the tenant hasn’t paid the arrears or costs, you might want to consider enforcing the judgment with bailiffs to seize goods. Filing a money claim online is another option, but it might take longer.

As for the N316 form, it could help if you want to force the tenant to disclose their finances in court. It’s a bit more paperwork, but it might be worth it if they’re being unresponsive.

wanda wang

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22:10 PM, 8th July 2024, About 2 weeks ago

Reply to the comment left by Judith Wordsworth at 08/07/2024 - 11:58
why do you need file money claim again since you already have judgement for possession and rent arrears? My understanding is you just need to enforce your rent arrears order, apply for attachment earning order to get your money. Bailiffs, if the tenant don't open the door, then there is nothing Bailiffs can do.

Chris A

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21:09 PM, 9th July 2024, About A week ago

How about asking for an managed payment to landlord (MPTL) if they are on benefits??

Judith Wordsworth

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10:51 AM, 13th July 2024, About 7 days ago

Reply to the comment left by wanda wang at 08/07/2024 - 22:10MCOL ccj for monies owed is registered against the person whose debt it is.
A Possession Order with request for monies isn’t noted on the Register of Debtors I believe

Judith Wordsworth

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10:55 AM, 13th July 2024, About 7 days ago

Reply to the comment left by wanda wang at 08/07/2024 - 22:10Bailiffs aren't allowed to break down your door - but they can use 'reasonable force'. This means they come back with a locksmith who will unlock the door if a locksmith hasn’t been booked by the landlord to attend at the same time

A fedup landlord

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12:31 PM, 13th July 2024, About 7 days ago

Reply to the comment left by Chris A at 09/07/2024 - 21:09
Hi,Chris, Can you please let me know how to apply for MPTL? My tenant receives partial benefit, I have previously applied to universal credit to get their rent benefit to me directly, but failed, as I'm told universal credit can only pay full benefit, not partial. Can you please let me know if MPTL will work for me, if so, how should I proceed please?

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