What to Do When a Tribunal Order Is Issued Against Your Tenant

If your agent has received a tribunal order against your tenant/renter, the next steps will depend on the nature of the order and what it requires both parties to do. Typically, a tribunal order is legally binding, and failure to comply can lead to further legal consequences. Here’s a general guide on what to do after receiving a tribunal order: 

1. Understand the Details of the Order

Make sure you fully understand the tribunal order and what it entails. The order should outline what the tenant/renter is required to do (e.g., pay overdue rent, vacate the property, make repairs, etc.), the timeline for compliance, and any potential penalties for non-compliance. Common types of orders include: 

• Payment Orders: For unpaid rent or damages. 

• Eviction Orders: Requiring the tenant/renter to vacate the property. 

• Repair Orders: Ordering the tenant/renter or landlord/rental provider to carry out necessary repairs. 

• Behavioural Orders: For resolving issues like anti-social behaviour or damage to the property. 

If you’re unclear about any part of the order, you may want to consult with a lawyer or a legal professional specialising in tenant/renter and landlord/rental provider law to ensure you understand your rights and obligations. 

2. Communicate with Your Agent

Since your agent is handling this process on your behalf, it’s important to stay in communication with them. Ensure that your agent understands the specifics of the tribunal order and that they are taking the necessary actions to enforce it. 

• If it’s a payment order: Your agent should follow up with the tenant/renter to ensure payment is made as per the tribunal’s decision. If the tenant/renter is unable to pay, your agent should discuss possible options such as a payment plan, or if the payment is not made, initiate further legal proceedings. 

• If it’s an eviction order: Your agent should arrange for the proper steps to be taken to enforce the eviction. This typically involves applying to the court for a writ of possession or a warrant of eviction to formally evict the tenant/renter. 

• If it’s a repair order: Ensure your agent has made arrangements for the required repairs to be carried out. The tribunal may have given the tenant/renter or you a set period to comply.

3. Ensure Compliance with Deadlines

Tribunal orders generally include strict deadlines for compliance. Make sure that your agent is closely monitoring these deadlines, as failure to meet them may result in additional penalties or the need for further court action. Your agent should send reminders to the tenant/renter and take action before the deadline passes if the tenant/renter has not complied. 

4. Initiate Further Enforcement Actions

If the tenant/renter fails to comply with the order by the specified deadline, you may need to take further steps. Here are a few options: 

• For unpaid rent: If the tenant/renter has not paid the ordered amount, you can pursue debt recovery. This might involve working with a debt collection agency, applying for wage garnishment, or seeking a court order to seize the tenant’s assets. 

• For eviction orders: If the tenant refuses to vacate the property after the tribunal’s eviction order, your agent can apply for an eviction warrant or writ of possession through the courts. This is often carried out by a bailiff or sheriff, who will physically remove the tenant/renter if necessary. 

• For repair orders: If the tenant/renter has failed to make repairs or allow repairs to be done, you can take legal action to enforce the order. This might involve asking the tribunal for a notice of compliance or seeking a court order for the repairs to be made.

5. Document Everything

Throughout this process, it’s important to document everything. Keep a record of all communications with the tenant/renter, your agent, and any other parties involved in the enforcement process. This documentation will be important if you need to escalate the issue to court or provide evidence of non-compliance. 

• Document any payments made by the tenant/renter. 

• Keep a record of any repairs or attempts to address the issue. 

• Record any eviction-related actions, including notices served and responses received.

6. Seek Professional Advice if Necessary

If the tenant/renter is not complying with the order or if you’re uncertain about the next steps, it may be necessary to seek advice. Your agent should be able to direct you to someone who can help. For those landlords subscribed to the Barclay MIS Protect & Collect services, this advice is complimentary.

7. Consider Future Lease Agreements and Tenant Screening

If this situation has caused significant disruption or financial loss, you might want to reevaluate your future approach to leasing. This could involve: 

• Tightening the tenant/renter screening process to reduce the likelihood of issues in the future. 

• Discussing ways to handle disputes with tenants/renters more proactively, such as mediation or early intervention.

8. Review the Tribunal’s Ruling for Appeal Options

In some cases, either party (the landlord/rental provider or the tenant/renter) may have the option to appeal a tribunal decision. If you think the tribunal made an error in its ruling or if there are mitigating circumstances that weren’t considered, you may be able to challenge the decision. 

Conclusion 

Receiving a tribunal order against your tenant is a significant development, but it’s important to take immediate and strategic action. Your agent should be proactive in enforcing the order, and you need to ensure that deadlines are met and that you pursue further enforcement steps if necessary. Communication, documentation, and, if required, legal advice, will be crucial to resolving the situation effectively. With the right approach, you can ensure compliance with the tribunal’s decision and protect your rights as a landlord.