Updating post from Reddit.
I've been added possession following a hearing for a section 8 and the judgebhas awarded all of the arrears are paid back which is around 6k. Does anyone have any experience in trying to recover costs, I.e what do I do now?
Contact the tenant: Write a formal letter demanding payment of the arrears and costs (if awarded), giving a deadline (e.g., 14 days). Include a copy of the court order.
If they don’t pay, you can enforce the judgment via: Attachment of earnings order: Deducts money from the tenant’s wages (Form N337, fee £119).
Third-party debt order: Freezes money in their bank account (Form N349, fee £119).
Charging order: Secures the debt against their property, if they own one (Form N379, fee £119).
Bailiff/high court enforcement: Use county court bailiffs (Form N323, fee £119) or High Court enforcement officers for debts over £600.
If the tenant is insolvent or has no assets, recovery may be difficult. You probably wont see that £6k soon, or if-ever.
They will have a CCJ so its possible it will get paid, if they ever want to sort their life out to say buy a home. However, CCJ enforcability disapears after 5 years. So you may want to keey an eye on that timeline, perhaps in Year 4 you apply to make them bankrupt.
Is getting possession automatically a CCJ? I could be completely wrong but I thought suing for rent arrears was a separate process?
If you use Section 21, then its not a CCJ.
If you use Section 8 to gain possession, then it can be a CCJ if you tick the right boxs. You have to ask for a monetery order.
Thank you. Good to know.