How to enforce a Tribunal Order for Costs

Dear Colleagues,

I successfully won an appeal at the Upper Tribunal Lands Chamber ( as the appellant ) in May 2016,and the Respondent was ordered to pay 700 pounds to me. To this date, he has not paid anything. I wanted to ask how I enforce the order for payment ?.

1) Do I send a letter before action to the Respondent asking for payment within a certain time frame ?.
2) If the above letter is ignored, do I apply to the County Court 'money claim' on line for a fixed /specified amount of money (700 pounds plus interest)?, or do I reapply to the Upper Tribunal Lands Chamber ?.
3) How much time do I have left to enforce this debt ?.


Jeffrey Shaw

Staff member
I am not a litigation specialist, so my response is based only on general principles.

The Tribunal/Court will not itself be pro-active in enforcement. That falls to you, the winning party. The Order should have fixed a timescale or date for the loser to pay. You need to verify this and then commence enforcement action. I have no idea if this involves a further Order.

As to 'how much time', this turns on what the Order states. The right to enforce could be subject to a deadline imposed by the Limitation Act 1980- usually six years (for a money debt) or twelve years (otherwise).

If the loser is the registered proprietor of land or a registered estate in land, you can seek a Charging Order to tie the debt to what he owns- similarly to how a mortgage is secured by a registered charge.

Sorry but that's about all I can say. You may well need specialist litigation advice at this stage.
Dear Jeffrey,

One final question, if at the time the Tribunal Order was made, it was against the Defendant personally ( in his name ), and then subsequently to the Order, the property is then managed by a company, should the Order be enforced against the Defendant personally or enforced in the name of the management company ?.

Thank you.

Jeffrey Shaw

Staff member
An Order can be enforced only against the Defendant (D), the person against whom it was made.
The fact that D uses a company (C) to manage his property is irrelevant. C is not itself bound by the Order.