The Lemon Fool

I have a tenant who owes me just over £3,600 in unpaid rent and legal fees.

Bailiff appointment for eviction on 28 September.

I would like to make her life just a bit less comfortable by obtaining a CCJ.

She was doing a college course 'Access to Nursing Training', but I think that has fallen by the wayside (her choice and college/Covid limitations) – I don't know if she will pick It up again.

So if she does train to be a nurse – it could well be several years before she starts earning much/anything.

I have read (Google) that a CCJ just stops after 6 years – so could be roughly when she starts earning. (Thinks – attachment of earnings.)

Conversely, I have also read that CCJ's can last longer – even that they never really go away.

So if I get a CCJ, do I have to contact her on a regular basis (annually?) to keep the debt alive? Or – if she doesn't pay – does it just fade away?

I don't think she will pay (she is on UC). But I would like to keep it on record if only to warn any future landlords/employers etc and hopefully I might be able to get some money from her in future.

So what is the order of steps?
1. Write and tell her I'm applying for a CCJ. No reply.
2. Obtain a CCJ. No point sending bailiffs round.
3. No response. Then what?

(ps. I did have a Court Hearing booked for April last year which was cancelled due to Covid. Fortunately, I applied successfully receive her Housing Benefit direct which pays quite a lot of her rent. She herself has not paid anything for two years. The house is an absolute wreck, but no point in trying to get anything back for that.)

The CCJ is removed from her credit record after 6 years, and if you want to take any enforcement action after 6 years, you need the permission of the court to do so, so it would be better to start your enforcement action after five years and a few months. You are correct that the actual CCJ never goes away, but you would have to look at the court records rather than her credit records to find it.

However, I expect that you wlll not be so concerned about the money in five years time, despite how agreived you feel at the moment.

If you feel that she lied or did not do the right thing in trying to deal with her debt, they I would recommend seeking a CCJ, but if she was a victim of circimstances, or your referencing of the tenant wasn't very thorough, then it might be fairer (and cheaper) not to seek the CCJ. You really need to focus on evicting her and getting the property ready to re-let (if this is your intention).