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Eviction Process

Started by Anon100, November 05, 2015, 05:57:10 PM

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Anon100

Hi,

Here's my story:

Unfortunately, I ended up with a rogue tenant and after a number of months of non payment am in the final stages of the eviction process.

If the tenants leave their property in the house, what are the best ways of removing their items? Does this apply to every item?

They tenants owe a substantial amount of money and they own a flat.

I've gone through the moneyclaim website and realistically I only see one option to get any of my money back.

1. Assets
I don't believe they have enough assets to pay me

2. Earnings
They are self employed but one of their key customers is a Govt body.. Could I reclaim money directly from the this entity?
In addition they receive rental income from their flat. Would I be able to claim this? It would however take a year to pay me back if they just paid back the rental income?

3. Bank account
This is unclear but unlikely that they have enough money unless they have just received a big payment from the govt entity but I wouldn't be able to time this correctly.

4. Property charge
I believe that there is enough equity in the property to repay me. However the website states that it's expensive and I would need legal advice and I'd have to force a sale.

So I was thinking that Property Charge might be the best bet.

Any thoughts?

Thank you all for your help in advance.




The Sheriffs Office

From what you say a Charging Order could be the best way to go but this could take a long time to get you paid.

You could instruct an HCEO to try and enforce whilst the Charging Order is in place as those two forms of enforcement can run concurrently. The HCEO only costs £60 to instruct and only if they cannot collect will you also be charged £75. Clearly that's a commercial decision but given the outlay is only £135 at worst it may be worth a shot. You may also be able to add the costs of the Charging Order to the amounts recoverable from the debtor.

Here is a brief guide: http://thesheriffsoffice.com/articles/charging_orders_and_writs_of_fi-fa

Anon100