Third party debt order against tenants, enforcing ccj

[jamesjorden]

Hi all,

I would require your help in the following case:

The case in brief: After ending my previous tenancy, the landlord haven't given my deposit back (although she promised to do so). I then tried to write her letters, called her several times, but it was useless. I then used MCOL to submit a claim, and because the landlord failed to send a defence in time, I managed to get a judgement by default. Even after this judgement, the landlord hasn't sent me any money yet.

I know that there are tenants living in the house and I know their names (and the address, obviously).

Question: Is there any way that a Third Party Debt Order can be made against the current tenants? So instead of them paying the rent to the landlord, they pay the rent to me until the debt is settled. Can I do that using Form N349?

This seems to be the feasible option, because bailiffs can only take goods if they are "invited" in, and I doubt if she keeps any money on her bank account after the judgement.

Thanks for any replies.

James

[PlanB]

Re: Third party debt order against tenants, enforcing ccj

Do you have the address and contact details of the Landlord (your post suggests you have)? If you've got a CCJ against her then why not ask the court to enforce your judgment? There are various options including sending bailiffs to her home or you may be in a position to make an application for an attachment of earnings from her (your ex-Landlord) employer if she has a job.

Who did you get the tenancy through in the first place? If it was an agent you could contact them and pile on the pressure since they probably had a duty to you to see that your deposit was placed in one of the Government backed schemes. Perhaps they're a member of the Property Ombudsman Scheme and you can pursue this issue through that avenue.

What did it say about your deposit in your tenancy agreement? There's a legal duty to spell it out in the AST. Maybe the agent was holding the deposit (most do this on behalf of Landlords) and it could be that they are the rogues in all this.

It's good news that she has new tenants because that means she's got money coming in so can afford to pay you even if she doesn't want to :bounce:

[jamesjorden]

Re: Third party debt order against tenants, enforcing ccj

Thanks for the info, PlanB, I replied in the appropriate sections of your post below:

Do you have the address and contact details of the Landlord (your post suggests you have)? If you've got a CCJ against her then why not ask the court to enforce your judgment? There are various options including sending bailiffs to her home or you may be in a position to make an application for an attachment of earnings from her (your ex-Landlord) employer if she has a job.

Yes, I have the address, but I've heard bailiffs can only take goods if someone lets them in, which I think nobody would do if they know they owe someone (in this case, me) money. I have no idea if she has a job, quite possible she is self employed.

Who did you get the tenancy through in the first place? If it was an agent you could contact them and pile on the pressure since they probably had a duty to you to see that your deposit was placed in one of the Government backed schemes. Perhaps they're a member of the Property Ombudsman Scheme and you can pursue this issue through that avenue.

It was not through an agency, the same person was showing me the property and I paid the rent to her. My deposit unfortunately was not protected, I did not even know about this rule until I moved out and asked for help from Shelter. They told me the deposit should have been protected, but as the tenancy has now ended, there is not much I can do.

What did it say about your deposit in your tenancy agreement? There's a legal duty to spell it out in the AST. Maybe the agent was holding the deposit (most do this on behalf of Landlords) and it could be that they are the rogues in all this.

It's good news that she has new tenants because that means she's got money coming in so can afford to pay you even if she doesn't want to :bounce:

Indeed, that is what got me thinking: is there any was to get the regular payment of rent redirected to me on an interim basis? This seems to be an easy-enough option for me, but I dont know if I can make a third party debt order against a person, not a bank.

[PlanB]

Re: Third party debt order against tenants, enforcing ccj

This may sound dramatic but have you considered whether you could serve your ex-landlord with a Statutory Demand if the amount owed to you is more than £750? The prospect of potential bankruptcy could focus her mind. Maybe this information will help you: https://www.gov.uk/statutory-demands/overview

[ploddertom]

Re: Third party debt order against tenants, enforcing ccj

If your Judgment is for more than £600 you should seriously think about transferring it to the High Court for enforcement. High Court Enforcement Officers are much more tenacious than the County Court Bailiff and will remove first whilst awaiting any claim to goods. Cost of transfer is £60 and the only other fee you would have to pay would be an abortive fee of £60 +VAT if they were unable to enforce the Writ.

[Guest]

Re: Third party debt order against tenants, enforcing ccj

If your Judgment is for more than £600 you should seriously think about transferring it to the High Court for enforcement. High Court Enforcement Officers are much more tenacious than the County Court Bailiff and will remove first whilst awaiting any claim to goods. Cost of transfer is £60 and the only other fee you would have to pay would be an abortive fee of £60 +VAT if they were unable to enforce the Writ.

1234

[KEITH WHITEHORN]

Re: Third party debt order against tenants, enforcing ccj

The answer to the original question is "yes" you can employ a third-party debt order against the tenants.

[dan_1207]

Re: Third party debt order against tenants, enforcing ccj

The answer to the original question is "yes" you can employ a third-party debt order against the tenants.

1. This thread is over 2 years old.
2. You cannot enforce an order against the tenants.