Is applying for a CCJ before applying for a section 8 a good idea?

Is applying for a CCJ before applying for a section 8 a good idea?

0:01 AM, 19th May 2023, About 10 months ago 9

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Hello, my agent sent this in response to a tenant in arrears. Is this legal?

Response: The tenant currently owes £2350 in rent arrears we will take steps to secure this debt by way of a CCJ. It will be about 14 days before we are in a position to submit the CCJ application, the cost of this will be £115. At the same time as submitting the CCJ application, we will also issue a Section 13 notice to increase the rent from £550 to £650. If the tenant is still in occupation and failing to pay rent by the time we have secured the debt, we will contact you about making an application for possession under Section 8 of the Housing Act.

My question is: Is applying for a CCJ before applying for a Section 8 a good idea?

Thank you,

Chris


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Comments

Blodwyn

11:33 AM, 19th May 2023, About 10 months ago

Why the gavel in the picture? There are no gavels in British Courts. I do wish fillm makers and the like would get that right!

Seething Landlord

11:39 AM, 19th May 2023, About 10 months ago

I saw a comment recently that suing for payment of the outstanding rent would convert the arrears to a judgment debt and S8 based on the same arrears would therefore no longer be available. This struck me as odd but plausible and I would be interested to know if anyone can throw any light on the matter, which seems directly relevant to the question here.

TheMaluka

12:00 PM, 19th May 2023, About 10 months ago

Reply to the comment left by Seething Landlord at 19/05/2023 - 11:39You are correct in that you cannot legally get a judgemnet twice for the same debt. However by the time a section 8 is heard there will be extra debt which can be claimed.
Getting a debt judgement before a section 8 ensures that the tenant cannot dupe another landlord by moving before the section 8 case is heard.

Julesgflawyer

13:54 PM, 19th May 2023, About 10 months ago

Reply to the comment left by Seething Landlord at 19/05/2023 - 11:39It's right that you can't sue for a debt if you've already got judgment for it. That would be an abuse of process and the second debt claim should be struck out as such. But in S8 proceedings your primary remedy is possession, and the existence of the rent-debt is the *ground* on which you rely. The debt is still there, so I see no reason why you can't use any of the rent grounds otherwise available (8, 10 and 11 as appropriate). Of course you can't (shouldn't) *also* seek a money judgment for the same arrears as those comprised in the CCJ claim. That's a separate point.

Seething Landlord

14:03 PM, 19th May 2023, About 10 months ago

Reply to the comment left by Julesgflawyer at 19/05/2023 - 13:54
Thanks, that is pretty much what I had always thought to be the case until someone suggested otherwise. Effectively two separate remedies that arise from the same set of facts but are complementary rather than mutually exclusive.

Cathie French

14:25 PM, 19th May 2023, About 10 months ago

Reply to TheMaluka
I have incurred legal costs of over £1,500 to get to the stage of issuing N5B and have just found out that unless a Defence is filed the costs for a S21 claim are fixed under the Civil Procedural Rules at £69.50.
Why does this government think that PRS Landlords can afford to adsorb these kinds of excessive costs that cannot be claimed back from the tenant who is unwilling to vacate or pay an increased rent. The mortgage is already more than the tenant is paying and the sale of my property has fallen through because I cannot provide a Vacant Possession date. To top that they are getting rid of Section 21! Unbelievable.

Julesgflawyer

18:57 PM, 19th May 2023, About 10 months ago

Reply to the comment left by Seething Landlord at 19/05/2023 - 14:03
Nicely put 😊

Julesgflawyer

19:00 PM, 19th May 2023, About 10 months ago

Reply to the comment left by Cathie French at 19/05/2023 - 14:25
Fixed costs in default judgment and parallel cases (like accelerated possession) are ridiculous. I don't think they've gone up much in my 30 years of practice.

Judith Wordsworth

15:41 PM, 20th May 2023, About 10 months ago

Go for a money claim online, ie the CCJ as at least you will know where the Court can serve/post the documents.
Are you using the s8 to gain possession or money, or both?
s8 will involve a judicial hearing and if further monies are owed the judge can "mediate" both the initial CCJ and monies owed after as part of the possession hearing.
If the tenant didn't pay the CCJ within 1 month then even once the debt is paid off within the six years it is publicly marked "satisfied" and not removed from the list. Up to the tenant to request a certificate of satisfaction 😉

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