Can I still evict my tenant after today's ban?

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    Can I still evict my tenant after today's ban?

    I have a tenant who has been in arrears for almost five months, we had a possession hearing in February before which we settled with him leaving at the end of March (he was going to counterclaim as the property had some issues), court-approved and we both signed.

    The settlement paper (Tomlin order) says that if he doesn't leave by 1st of April 2020, I can be granted permission to transfer the matter to the High Court to permit enforcement by Writ of Possession.

    Today, the Govt announced a suspension to all ongoing housing possession action.
    https://www.gov.uk/guidance/governme...id-19-outbreak



    So can I still evict this tenant? Will the High Court grant a Writ of Possession now? I'm tired of chasing around this tenant and want him out asap, I know full well he'll try to take advantage of today's evictions ban.

    #2
    No .
    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


      #3
      Originally posted by KTC View Post
      No .
      So this tenant just completely owns me just like that now?

      The judge made clear on the hearing day that if he didn't leave by April he would be evicted 100%, that the High Court doesn't waste time around.

      Is the settlement worthless now?

      Comment


        #4
        The order still stands. The problems for you is that you can't progress your court case further. You are looking to 1) get the county court to give permission to transfer, 2) get the High Court to grant a writ, and then 3) having that writ executed by HCEOs. If you were just waiting for 3), you may be able to proceed but 1) and 2) must surely be included in the suspension. You won't be able to get 1) or 2) until the suspension is lifted.
        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


          #5
          When applying for HCEO to evict tenants, It is only a Discretionary order and Judges can turn down such request.... ....
          Thunderbirds are go

          Comment


            #6
            Originally posted by KTC View Post
            The order still stands. The problems for you is that you can't progress your court case further. You are looking to 1) get the county court to give permission to transfer, 2) get the High Court to grant a writ, and then 3) having that writ executed by HCEOs. If you were just waiting for 3), you may be able to proceed but 1) and 2) must surely be included in the suspension. You won't be able to get 1) or 2) until the suspension is lifted.
            So even though the order says "The landlord be granted permission to transfer the matter up to the High Court in order to permit enforcement by Writ of Possession, if required", I still need to ask permission from the County Court, again?

            Oh jesus..

            Comment


              #7
              You have been granted Right to escalate to High Court forHCEO enforcement.
              It for HC to divine validity of any subs Legislation.

              Comment


                #8
                You won't get a bailiff or HCEO to turn up anyway.
                https://www.mirror.co.uk/money/coron...nding-21759343
                https://www.marstonholdings.co.uk/an...urther-notice/

                Comment


                  #9
                  Originally posted by mariner View Post
                  You have been granted Right to escalate to High Court forHCEO enforcement.
                  It for HC to divine validity of any subs Legislation.
                  Sorry can you elaborate?

                  Comment


                    #10
                    That has the title ""Government support available for landlords and renters reflecting the current coronavirus (COVID-19) outbreak"

                    I don't see any support for landlords.

                    Comment


                      #11
                      Originally posted by MdeB View Post
                      I don't see any support for landlords.
                      The 3 months mortgage payment holiday applying to BTL. Arguably, the 80% wage payment so tenant can still pay (most of) their rent. And the 3 months stay in possession claims includes mortgage possession claims.
                      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


                        #12
                        The problem is landlords who don't have a mortgage but rely on rent as their income.. for us, nothing. And you get **** on if you try to evict in a time like this.

                        Comment


                          #13
                          There is going to be no support for landlords.
                          Being a landlord is a property investment business, and investment is a business based on risk and return, and this is one of the risks, albeit one no one could have reasonably anticipated.

                          Trillions of pounds have been wiped off the value of shares and no one is compensating the owners of those shares either.
                          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


                            #14
                            Originally posted by KTC View Post

                            The 3 months mortgage payment holiday applying to BTL.
                            That is not government support, it is lender support (if, indeed, lenders do apply a holiday for BTL mortgages).

                            Comment

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