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Landlord Legal Issues

Solicitor Tessa Shepperson of Landlord Law answers your questions

Q. I got an eviction order and CCJ against  my tenant and she has now left. However, the money judgment remains unpaid. My agents tell me that I cannot use the deposit (which is held by the DPS) for this without the tenant's consent but I do not have any contact details for her. What can I do?

A. You should be able to recover this using the 'single claims process'. For this you need to send a statutory declaration (sworn in front of a solicitor) to the DPS supported by a copy of the court order.

If you still experience difficulties, there is a court enforcement procedure called a 'third party payment order' where the court can order someone holding money for the judgement debtor to pay it to you to satisfy your claim. (This used to be called a 'garnishee order'). However the single claims process should do it.

You should find further information about this on the DPS website.

Q. I have got an order for possession against my tenant but he has refused to move out. As he is in breach of the court order and presumably therefore in contempt of court, is it alright for me to go in now and change the locks?

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