When issuing a claim for possession under the ordinary procedure, a landlord (“judgment creditor”) may request an order at the possession hearing for the tenant (“judgment debtor”) to pay the arrears outstanding at the date of the hearing.
Should the judgment debtor not pay the sum as ordered by the date specified in the order, the judgment creditor can choose to enforce the order in a number of ways.
Bankruptcy
If the debt is over £5,000.00 and the debtor is an individual (of which tenants usually are), the judgment creditor can consider issuing a statutory demand and, if the debt is not paid after 21 days, making the judgment debtor bankrupt. This is not an enforcement method as such, nor is it generally cost effective to proceed with pursuing bankruptcy, but it often works as an incentive for the judgment debtor to settle their debts.
Taking control of goods
A judgment creditor can apply for a writ of control from the County Court or the High Court. A bailiff from that Court will then attend and collect money or take control of goods from the property in order to sell them to settle the debt.
Third party debt order
A judgment creditor can apply to the Court for a third party debt order. If ordered, a judgment creditor can intercept payment of money to the judgment debtor from a third party to pay the debt. This is commonly used to freeze or obtain funds in the judgment debtors bank accounts if the judgment creditor has bank account details for the judgment debtor.
Charging order over the judgment debtor’s land and securities
A charging order is a way of securing a judgment debt by imposing a charge over a judgment debtor’s beneficial interest in land, securities or certain other assets. This usually prevents the judgment debtor from selling the land without paying what is owed to the judgment creditor, provided that there is enough equity after payment of prior creditors. A charging order alone does not however compel the judgment debtor to sell the property.
Attachment to earnings
Where the judgment debtor is employed, a judgment creditor can make an application to the County Court. If successful, an attachment to earnings order will be sent to the judgment debtor’s employer who will deduct a portion of their earnings from each pay day until the judgment debt is paid.
If you require assistance with obtaining a money judgment in respect of rent arrears, or enforcing a money judgment for rent arrears, please contact our Residential Possession team.
Please note that the above does not constitute legal advice.
