My ex tenant is in breach of a tomlin order

[Deborah]

Hi there all! This is my first post.

I am a private landlord. Despite my tenants leaving my property in an awful mess and no rent for 8 months I agreed to a Tomlin Order (on the date of the Hearing which was through multi-track as the value of my claim was in excess of £20,000) which was requested by my tenants who accepted the amount, just before we went into the court room, but stated he was concerned a CCJ would adversely affect him as he was self employed. I agreed to be fair a reasonable...

He paid the initial payment and now has stopped and is in breach.

Has anyone been in this position? I have already had to pay£12,000 in legal costs and would like to pursue this on my own if possible.

I believe the correct action is to apply to court for a CCJ against them both? How much will that cost for the court fees? I've read the GOV website but still not sure.

Regards Deborah

[teaboy2]

Re: My ex tenant is in breach of a tomlin order

Hi Deborah

Was your initial claim at court suspended/stayed barring the enforcement of the Tomlin order? If so you simply need to re-apply to the court for enforcement of the tomlin order in the same way you would seek enforcement of any other court order - So you do not need to issue fresh claim or proceedings.

See here - https://www.gov.uk/make-court-claim-...rce-a-judgment

Though your first step would be to contact the other party and advise them that they are in breach of the order, and that if they do not remedy their breach by paying what would have been due to you under the order up to the date of said letter and any subsequent payments that fall due after said date of the letter. Then you will seek to enforce the order via the courts. Pointing out this may result in a warrant of execution being granted and court appointed bailiffs attending their property to seize goods, as well as a CCJ against them which will effect their credit rating.