Obtaining a CCJ for rent arrears — alongside possession or standalone
A CCJ for rent arrears can be obtained as part of a possession claim (most common) or as a standalone money claim against a former tenant.
- Alongside possession (PCOL or N5): claim rent arrears as a money judgment in the same possession proceedings; court awards both possession order and money judgment in one hearing
- Standalone money claim (MCOL or N1): for former tenants who have left; claims up to £10,000 via Money Claim Online (MCOL); above £10,000 use Form N1; must know defendant's address for service
- Judgment in default: if tenant does not respond within 14 days of service, apply for judgment in default on Form N225 — CCJ issued without a hearing; most arrears cases proceed by default
- Limitation period: 6 years from the date each rent payment became due (Limitation Act 1980 s.5); claims issued after 6 years are time-barred — do not delay pursuing significant arrears
CCJ enforcement — warrant of control and attachment of earnings
A CCJ must be actively enforced — the court does not collect the debt automatically. Choose the enforcement method that best matches the debtor's employment status and assets.
- Warrant of control: county court bailiffs attend debtor's premises; can take goods for sale at auction or enter Controlled Goods Agreement (CGA); 7 clear days' notice of first attendance; exempt goods include work tools and basic household items
- Attachment of earnings order (Form N337): deduction directly from employed tenant's salary by employer; most reliable method for employed tenants; normal deduction rate set by court above protected earnings floor; cannot be used against self-employed or unemployed tenants
- Oral examination / Judgment Debtor Summons (Form N316): summons tenant to court to disclose assets, income, and bank details under oath; use when tenant's employment status and assets are unknown; guides choice of enforcement method
- CCJ interest: 8% per annum on judgments over £5,000 under the Judgment Act 1838; adds to the recoverable amount over time if the debtor delays payment
Third party debt orders, charging orders, and insolvency
Higher-value enforcement tools and the practical limits of CCJ enforcement against insolvent or asset-free tenants.
- Third party debt order (Form N349): freeze funds in debtor's bank account; interim TPDO served on bank — bank freezes up to judgment amount; final TPDO hearing makes the order binding and bank pays creditor directly; need to know debtor's bank name
- Charging order on property (Form N379): register charge against tenant-owned property at HMLR; crystallises on sale, refinancing, or order for sale; order for sale available but courts reluctant on principal home for smaller debts
- CCJ credit file impact: registered at Registry Trust for 6 years; affects ability to get credit, mortgage, or even rent privately; cancelled (removed) if paid within 1 month of judgment; marked 'satisfied' if paid after 1 month but stays on file for 6 years
- Insolvency: bankrupt tenants trigger automatic stay on civil enforcement; unsecured rent arrears rank below secured creditors; enforcement against insolvent tenants is usually futile — assess the tenant's ability to pay before committing to court costs