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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 1st May 2008, 13:55   #1 (permalink)
WeeGee
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WeeGee Novitiate
Default Advice on enforcing a judgement

Hi,

Following the success of small claims case against our former landlord for the return our tenancy deposit (which was pre-TDS), the judge awarded the full claim to us. The amount owed is approx £800 (including costs/interest up to the judgement date). As the landlord had until today to pay up with payment not looking likely, the question is what course of action do we take next? I've read the sticky 'Got a judgement, How to get paid' and having waited the full 28 days before enforcing the judgement, it seems that the best course of action is to apply for a charging order against the property we formally rented.

However, based on previous experience could anyone advise on the following.
Is a charging order the best course of action in this situation? The landlord has a number of properties in the area and, to the best of my knowledge, is solvent. She still owns the property we formally rented as it's currently vacant and available for rent. We also checked the land registry records to confirm it’s registered in her name.

Prior to applying for the Charging Order, is there any benefit in writing/speaking to the landlord making her aware of intention to applying for a charging order against the property and giving her a final opportunity to pay. Has anyone had any success with this?

How long does the process take (from applying for a charging order to being granted a temporary order). From reading the sticky, it looks like an interim order is granted straight away when the order is filed. Is this correct?

Is charging order/land registry fees added to the amount owed by the landlord. Does the debt accrue interest until it is settled?

Thanks for your help in advance.
Wee Gee
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Old 2nd May 2008, 12:15   #2 (permalink)
old_andrew2007
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Default Re: Advice on enforcing a judgement

Hi

I'm no expert, however what use is a charging order IMHO you can't realise any money unless the landlord sells the property.
I am sure apponiting bailiffs, would be quicker, I may be wrong so a more experience member will correct me.

Regards

andy
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