Actions Following Successfully Obtainingg a Possession Order
I today posted a query on the Membersí Forum on the RLA website, and followed up with a query to the RLA info email address. In retrospect, I should have used this enquiry service. Apologies.
I am wondering if the RLA would be able to offer advice on my queries. They relate to the actions I should now take following successfully obtaining a Possession Order in respect of 2 tenants residing in my rental property.
The property is managed on a day-to-day basis by a managing agent. The tenants have routinely made late payments or made no payments at all) since taking up the tenancy in August 2015. The managing agents issued a Section 21 Notice e earlier this year. This resulted in a County Court Hearing on the 6th July. The Judge ruled that possession be given by 31st August, that rent arrears of £1,060 be paid (plus £325 costs and that the tenant pay the total amount in monthly instalments of £20 commencing from 10th September.
My queries are as follows:
- The decision regarding £20 monthly instalments seems very lenient. Assuming the tenants pay on time, it will take nearly 6 years to recover the costs! Is this decision typical of the County Court? Is there any means of appeal? I couldn't see anything in the documentation.
- The Possession Order states that the claimant i.e. me will send the tenants ďa copy of the bill of costsĒ. What is this? Is it a case of reiterating the total arrears, and the arrangements for paying the monthly £20? Is there a template letter/documentation for this? I assume the managing agent will not take the initiative on this, because they will no longer have an interest in the tenants as such.
- If the tenants do not start paying the money owed when it is due again, the Possession Order says that the first instalment is due by 10th September, I am aware that steps can be taken to enforce payment, and I think this will ultimately mean filing for a CCJ. Again, I assume I will be responsible for actioning this. Please can you advise on the specific steps I should take?
- The Tenancy Agreement names 2 individuals, and these 2 named individuals are cited in the Possession Order. Itís not clear from the documentation whether the defendants are required to pay £20 each, or whether the judgement applies to the defendants as a whole. Again, can you advise what the norm is?
I suspect the tenants will not vacate by midnight on 31st August as required. In which case I believe the next course of action is to obtain Bailiff possession via form N325. The RLA guidance notes are very clear on this, and so I think I know what to do on this at least!
I would be grateful for as much detailed advice as you can give on the above points.
I am writing this email from my work email address, but my registered email address is: email@example.com
Thanks in anticipation.
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