If your tenancy ends with the tenant in arrears, and the guarantor is also unwilling to pay the arrears, then you can make a claim in the small claims court against either the tenant or guarantor for missed rent payments. If successful, the court will issue a CCJ against the tenant and/or guarantor.
The CCJ will state the amount owed and the timeframe in which the payment is to be made to the landlord. If the debtor does not make payment within this timeframe, then the landlord will need to consider the next steps - enforcement of the CCJ.
This article explains the next steps after a CCJ has been made against the former tenant or guarantor in the Landlord’s favour. For information about how to start a claim for missed rent payments after a tenancy has ended, please see this article.
What are the different ways of enforcing a CCJ?
You should firstly consider whether enforcement is the best course of action. Enforcement is potentially costly and if the former tenant does not have any assets, then it may not be worthwhile.
However, if you decide to pursue enforcement, then here are some of your possible options:
Warrant of control
A warrant of control allows county court bailiffs to seize the goods or money of the debtor at their address. These goods are then sold at auction and the money used to pay back the landlord. This is only worthwhile if the debtor has items of value.There is a limit of £5,000 that county court bailiffs can recover for most tenancies.
How to apply for a warrant of control
Where your case started will affect how you apply for a warrant of control.
If the case was started using Moneyclaims online, you can apply for a warrant by selecting the 'warrant' option in the claims overview section. You will then have to pay the fee of £83 for the warrant.
Attachment of earnings order
An attachment of earnings order requires that the money owed to you be paid back over time via payments from the debtor's salary. You will have to be certain that the debtor is employed before making this application.
The court will assess the application and will give the tenant the opportunity to either pay in full or provide information on their financial status so that the court can then assess what a reasonable amount to deduct from the tenant’s wages would be.
Once the court has determined this, you will receive this amount directly from the centralised attachment of earnings payment system.
How to apply for an attachment of earnings order
To make the application, you will have to send form N337 and a cheque to:
County Court Money Claims Centre
(CCMCC)
PO Box 527
Salford
M5 OBY
Charging Order
This application can be used for debtors who are UK home owners. The application allows you to put a “charge” on any property owned by the debtor. You will need to be certain that the debtor owns property. You can check this by undertaking a search at the Land Registry.
You should be aware that the charge does not force the debtor to sell their property and the charge can be in place for a long time before you see any of the money. It will only be on sale of the property that money will be transferred to you and any charges that were put on the property before yours, including mortgages, will be paid first out of the proceeds of the sale.
How to apply for a charging order
You will need to complete and send the N379 form to:
County Court Money Claims Centre
(CCMCC)
PO Box 527
Salford
M5 OBY
There is a charge of £119 for the application.
We strongly recommend that you take independent legal advice before pursuing any of these options.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.