Landlord refused to return the deposit and has been unresponsive. Have went to Small Claims Tribunal and the SCT has ruled in my favor - the landlord has never attended the SCT sessions. Now need to do enforcement, most likely by having a Garnishee order.

Answer :



    answered on 20/12/2019

    flag as inappropriate

    Hi. A garnishee order works where there is a third-party owing money to the landlord, the judgment debtor, and the order bypasses the landlord entirely such that the money is received by you, the judgment creditor, directly. So in this case, a garnishee order would likely not be the appropriate approach to enforce the money judgment. The other option is to submit a Writ of Seizure and Sale to enforce the money judgment. You could also try discussing with the landlord first, before attempting further legal action; please note that it is legal/legitimate pressure to persuade the landlord to pay by promising to exercise your legal rights against him if he/she continues to withhold payment, but to use your right to exercise your legal rights as leverage to gain any advantage beyond the deposit you are trying to recover and/or anything else within the tenancy agreement, such a threat can be considered as an bad faith/illegitimate exercise of legal rights.

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