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Hi Thomas, you have helped...
Hi Thomas, you have helped me before with this case (my girlfriend sought advice from you) and I hope you can assist further.

I have recently been awarded a discretionary 56-day possession order by a judge for the property I own, with additional conditions that the tenant must continue to pay the rent as usual, plus £5 p/w towards arrears, and must arrange for their housing benefit to be paid directly to me.

The housing benefit issue has been resolved, however the top-up amount the tenant owes me to cover the full rent, plus the £5 p/w arrears contribution, is late (first payment since the order was granted), and I would like to know what recourse I have. The possession order form mentions that I can apply to have the tenant's late payments registered with the Register of Judgements, Orders and Fines, however I don't think this will concern the tenant as his credit history is already terrible, and I would like to know if there is any other action I can take (e.g. can I enforce the possession order sooner than the 56 days due to breach of the conditions within it?).

In addition, there are substantial arrears (over £1000), however because the tenant's deposit was not correctly placed into the government approved deposit scheme, his solicitor has told me they will apply for 3x the deposit if I try to claim back any arrears, meaning I could end up owing the tenant money. Is this the case and is there anything I can do to protect myself from this? I have so far not charged any interest on late payments (payments have been late every month for 12 months), nor have I yet claimed my costs for bringing the case to court, and I am extremely frustrated that I'm now in a position where the tenant is still not paying his rent and yet I may not be able to claim arrears that I am legitimately owed, based on the deposit technicality.

Any and all advice appreciated!!

Thanks in advance,

XXXXX XXXXX [email protected]
07764 488346
Submitted: 8 years ago.Category: UK Property Law
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Answered in 8 hours by:
6/26/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 71,543
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Customer reply replied 8 years ago
Thanks, XXXXX XXXXX forward to hearing from one of you soon.

Adam
Customer reply replied 8 years ago
Hi, I've still heard nothing, can I have an update please?

Thanks
XXXXX XXXXX
07764 488346
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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