PCOL HELP! - Due in court next week. How do I prepare, What happens next?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by TakashiJo View Post
    Can I include the council in my claim - given that they were not explicitly mentioned in my initial claim (although I produced documentation showing payments being made directly to the tenant instead of myself - without my authorisation)?
    Err, no! The council had done absolutely nothing wrong. The entitlement to housing benefit (or housing element of universal credit) belongs to the tenant, not the landlord. A tenant don't need any landlord's authorisation to claim a benefit they're entitled to, and the council don't need any authorisation to pay the money to the person entitled to the benefit.

    If a tenant owes more than two months rent, you the landlord can apply for the housing benefit payment to be made directly to you. You failed to make an application when you were entitled to, there's no one else to blame here I'm afraid.

    Originally posted by jpkeates View Post
    And don't turn up uninvited or without notice at your tenant's home, that's a bad move.
    There's nothing wrong with checking after the expiry of the PO whether the tenant is still in possession. They are, so OP left. Perfectly fine.

    p.s. Technically, there's only the one county court now, all the different county court buildings and hearing centres around the country is the county court at XYZ.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #17
      Originally posted by jpkeates View Post
      And don't turn up uninvited or without notice at your tenant's home, that's a bad move.
      How, then, do you determine if T has left?

      Comment


        #18
        Originally posted by MdeB View Post

        How, then, do you determine if T has left?
        Arrange normal inspection, usual process.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #19
          Originally posted by KTC View Post

          Err, no! The council had done absolutely nothing wrong. The entitlement to housing benefit (or housing element of universal credit) belongs to the tenant, not the landlord. A tenant don't need any landlord's authorisation to claim a benefit they're entitled to, and the council don't need any authorisation to pay the money to the person entitled to the benefit.

          If a tenant owes more than two months rent, you the landlord can apply for the housing benefit payment to be made directly to you. You failed to make an application when you were entitled to, there's no one else to blame here I'm afraid.
          Thanks for the clarification - at least now, I know not to pursue that avenue and waste even further money. For what it's worth, from the experience I have had, I am no longer going to entertain any tenants from Councils in ANY of my properties - henceforth.

          The councils wonder why Landlords don't want to deal with them, and the few who do, get treated abysmally. I've done my part for "social good" for now - let some other sucker -empathise with housing benefit / universal credit (or whatever it's called nowadays) claimants - NEVER AGAIN!

          Comment


            #20
            Originally posted by jpkeates View Post
            The ccj isn't automatically registered when it's a possession hearing, so write (letter and envelope!) to the court asking that they register the judgement, so it will show up in future credit searches.
            I just spoke to the court, and they told me I can send in my request by email. I'd rather send it by recorded delivery, just to be sure. My question then is that can I still go ahead with registering the CCJ against the tenant, knowing that her address will shortly change (once she has been evicted?). There is also a good chance that once she is evicted, I will no longer have her address.

            I guess what I'm asking is that do I register the CCJ now using her current address, or do I wait until she is evicted, then use a tracer service to get her new address and then register the CCJ against her?

            Comment


              #21
              For what it's worth (other landlord's might find this useful). I was on the phone with the "Personal Support Unit" (asking for information on how to fill in a N244 form), when a call from my solicitor came through, I told the lady from the PSU that I'll just tell my solicitor that I'll call him back, so could she please wait a minute, she grudgingly agreed to hold on.

              I told my solicitor I would call him back, and immediately returned to the previous caller (I was no longer than 10 seconds), she had dropped the call. I called the PSU four times consecutively, each time the phone rung, it was picked up only to be dropped immediately (with no voice on the other end).

              I waited half an hour before calling the number again (0207 947 7701/3), only to find that my number has been blocked. This is from a government agency no less.

              These are interesting times indeed, I've been thrown in at the deep end, and I am fast learning that apart from the group of other landlords on here (who have been extremely helpful), I'm pretty much on my own. It's good to know; at least I have empirical evidence to justify my modified behaviour going forward.
              Last edited by TakashiJo; 15-02-2019, 10:29 AM. Reason: Looks like my phone number is banned from the number ending '03' as well!

              Comment


                #22
                Google N244 guidance

                Our government has been seriously cutting back on court numbers and court funding: Consequences obvious. I'd be surprised if you got any real help on that number, it's your job to know what to do.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #23
                  Originally posted by TakashiJo View Post
                  I guess what I'm asking is that do I register the CCJ now using her current address, or do I wait until she is evicted, then use a tracer service to get her new address and then register the CCJ against her?
                  Register it at the latest address you have.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #24
                    Originally posted by MdeB View Post
                    Remember to ask the judge to include in the judgement that the deposit is to be paid to you, otherwise deposit schemes will consider the money to still belong to the tenant.
                    For some reason, I've only just seen this comment - AFTER having attended court. Is there ANYTHING at all I can do now? For example, when I make a money claim?

                    Comment


                      #25
                      If you have a court order that state that the tenant owes you £XYZ in rent, then you can use that as evidence in a deposit arbitration to get them to award you the deposit. Alternatively yes, you can make the scheme hold onto the deposit while you seek a court order in relation to the deposit. Will probably take longer though.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      I do not answer questions through private messages which should be posted publicly on the forum.

                      Comment


                        #26
                        Takashijo, join NLA/RLA, or undertake some LL training!

                        Comment


                          #27
                          Originally posted by TakashiJo View Post

                          For some reason, I've only just seen this comment - AFTER having attended court. Is there ANYTHING at all I can do now? For example, when I make a money claim?
                          I believe that you can ask the court to vary the judgement to include awarding the deposit to you. Phone the court and ask.

                          Comment


                            #28
                            Originally posted by MdeB View Post
                            Remember to ask the judge to include in the judgement that the deposit is to be paid to you, otherwise deposit schemes will consider the money to still belong to the tenant.
                            For some reason, I've only just seen this comment - AFTER having attended court. Is there ANYTHING at all I can do now? For example, when I make a money claim?

                            Comment


                              #29
                              I have recieved a letter from the court to transfer this claim to the high court for the purpose of enforcing the possession order granted by the court.

                              What do I do next in order to be able to get baillifs to remove the tenant from the property?

                              Do I have to apply (yet again) for a "Writ of Possession"?

                              Comment

                              Latest Activity

                              Collapse

                              • Is it worth becoming a BTL landlord if you have no DIY skills?
                                LordLand78
                                Does the average BTL landlord do a ton of DIY? I have a disability which means that most DIY is simply impractical, meaning I will likely never pickup DIY skills, except the ones that involve no hand strength or dexterity (lol). Thanks
                                17-10-2019, 16:26 PM
                              • Reply to Is it worth becoming a BTL landlord if you have no DIY skills?
                                ram
                                Are you fully conversant with ALL the rules and regulations, laws, deposit protection, eviction procedures, and such overlooked things such as, it's not your house any more as you have assigned it over to a tenant. You cant just call unannounced ( best not to ), nor wander round unannounced, as it's...
                                18-10-2019, 23:47 PM
                              • Reply to Is it worth becoming a BTL landlord if you have no DIY skills?
                                LordLand78
                                I already own a house outright and am planning on letting it out for £1000-£1200pcm, and using the income to pay cheaper pcm rent elsewhere. According to my research and calculations, after fees (say 15%) for full management, taxes, and unforeseen expenses (say £2-3k a year), I should have a yearly...
                                18-10-2019, 23:07 PM
                              • Five Friends Renting a Home.
                                PaulBlartFan
                                Sorry if this is the wrong place for this, I'm new to the forum.
                                Me and 4 other (completely unrelated) people are looking to rent an unfurnished 5 bed house sometime in 2021, from what I have seen it does not seem possible to do that legally, and instead we would need to rent a HMO.
                                The...
                                17-10-2019, 22:06 PM
                              • Reply to Five Friends Renting a Home.
                                AlexR
                                At the outset your plan looks good...…. but stuff happens and that's why there are rules. The rules are there because you are 5 individuals who may all have partners, individual schedules, cooking requirements , bathroom timetables etc and that uses a house in a different way . At some time the...
                                18-10-2019, 22:56 PM
                              • tenant with 3 kids
                                abc777uu
                                Hi,
                                My current tenant has 2 kids and living in my 2 bed flat.
                                the kids are a 5 years old girl and a 6 months old baby boy.
                                recently, I came to know that the tenant’s wife is pregnant.
                                by law, can they stay in 2 bed flat with 3 kids?

                                Please advise.
                                Thanks...
                                16-10-2019, 14:10 PM
                              • Reply to tenant with 3 kids
                                leaseholder64
                                The actual legislation basically says that it is a defence that they have applied for council housing and haven't refused a reasonable offer. Relatives are also allowed to hold over until they find alternative accommodation. In practice they won't get council accommodation and the chances are that...
                                18-10-2019, 21:57 PM
                              • Does deposit cover rent?
                                Lawcruncher
                                A tenancy agreement contains the following provision:

                                The landlord may make reasonable deductions from the deposit for any damage or costs incurred, or as provision for unsettled bills

                                Does that cover rent? I do not think it does since rent is not any of damage, costs or an...
                                16-10-2019, 21:50 PM
                              • Reply to Does deposit cover rent?
                                Lawcruncher
                                Strictly they are not 100%, but I think we can concede that it is not unreasonable to assume that most deposit provisions cover rent.

                                For the record, the agreement from which the deposit clause was taken was very amateurishly drafted in other respects....
                                18-10-2019, 20:44 PM
                              • Reply to Does deposit cover rent?
                                Lawcruncher
                                Any assumption that the deposit automatically covers anything has in my view to be incorrect. The deposit is a security and only covers what the agreement says it covers...
                                18-10-2019, 20:39 PM
                              Working...
                              X