Pre Covid evictions

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    #31
    Originally posted by nreid View Post
    Another wtf moment when speaking to the court: the ccj exists but is not registered as this is only registered when enforcement is applied for.
    That has always been the case for orders made during possession hearings.
    No idea why.
    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).

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      #32
      I was told it affords the Defendant one last chance to comply and pay up between the Order being made and enforcement being taken, not sure how true that is but seems reasonable.

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        #33
        The downside is that, I imagine, fairly often, the landlord thinks that there's no chance of actually collecting anything and doesn't bother with enforcement, possibly thinking the ccj is "enough",

        I'm sure it used to be the case that you could simply ask the court to register it and they would.
        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


          #34
          So the new solicitor is now processing a request for HC transfer, and that is hopefully about three weeks before a reply comes back. At that point, it will go to the HCEO who will do further paperwork.

          Optimistically this will be ready in time for January, and even more optimistically, the tier system will have gone away and numbers will be back under control. This gives at least a reasonable chance of an eviction sooner rather than later.

          Found out this morning that the tenant has now changed the locks.

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            #35
            Hi all,

            I have a pre COVID tenant with a possession order from February of this year. Currently he is in 15 months arrears and a transfer to the High Court is being applied for, with the slim glimmer of hope that in January something might happen with a bailiff (really hoping the exemption on evictions may apply for extreme rent arrears cases, who knows?).

            The letting agent has had difficulty in maintaining communication with him, and had asked to conduct an inspection. He would always say yes but then never be available. The agent had a set of keys and on one occasion, after giving notice, came over, put the key in the lock and the tenant shouted 'don't come in, I'm sick'.

            On the most recent visit, the agent tells me the locks have now been changed: these are quite expensive locks too, so he had money to do that but unable to pay anything in rent. Naturally, this is also against the tenancy agreement (for what that's worth now).

            What would the more experienced landlords here do in this situation? Ignore it? Send a locksmith and insist? Of course he would be entitled to the new key. Keep changing as many times as necessary?

            Is there any way that this kind of bad behaviour can be communicated to a judge? The judges are always falling over themselves to extend every courtesy and understanding to tenants. One wonders why the behaviour of such tenants would not be relevant.

            Thanks all ..

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              #36
              Just have the locksmith there on bailiff day IIWY. Pointless any other time.

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                #37
                As above...... it would be pointless to change the locks now, he could just change them again...... concentrate on getting him out and have a locksmith there on '' kick out '' day.

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                  #38
                  Write with notice of inspection, usual amount of time. Turn up, see what happens (calm, polite, take witness) You need a paper trail of what's happening, if only so if a GSC can't be done you've got cast iron backup to explain it's T's fault.
                  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...

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                    #39
                    What is a GSC?

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                      #40
                      You're already so far along the enforcement process doing anything now would be a waste of money. Get your HCEO eviction date, then arrange a locksmith to attend and change out the locks, simple as that.

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                        #41
                        Originally posted by nreid View Post
                        What is a GSC?
                        scary

                        ...


                        ...


                        gas safety certificate

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