Still can't get eviction hearing date

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

    Still can't get eviction hearing date

    Dear Forum,

    On Monday I travelled 2 1/2 hours each way to visit the local court to try and get an answer to as and when I can get an eviction hearing that was cancelled on the 25th March, against two drug dealing scum who have trashed my property and caused havoc and misery for the remaining tenants.

    All my letters and emails have been un-answered throughout the Covid crisis, which is why I attended in person, after first confirming that the court would be open.

    I'm told at the court when I arrive, that its an appointment only process, so I can't actually see anyone, but forced to leave all my latest evidence of drug abuse and damage etc in a box, after spending time on the phone pleading with court staff to try and get a hearing.

    Yippee today I got a letter from the court, hearing set for the 4th November, but its not a hearing for eviction, its a hearing to review the case to decide whether the case should proceed to a full hearing at a later date.

    I've had 3 tenants attacked and robbed in the property and those some 70+ can't move out but are being forced to live in a sh+t hole or remain in their rooms, or run into abusive violent scum that have taken over the property.

    Has anyone actually got a new hearing for eviction - I have served all paperwork - reactivation notice etc, provided it to the courts, but it seems impossible to evict or protect the tenants that I can't re-house anywhere.

    The police have visited but can't do anything as tenants are all too afraid to make complaints.


    #2
    I understand that the courts are prioritising cases of anti-social behaviour, so you may get a sooner hearing date than you would for a regular eviction. However, success will no doubt depend on the quality of your evidence.

    Comment


      #3
      The OP is describing how a society descends into chaos and anarchy. No courts, no rule of law, no policing, and laws that facilitate theft. That's when people resort to private violence to get justice, though the last thing I would advocate. Very bad indeed.

      Comment


        #4
        Originally posted by AndrewDod View Post
        The OP is describing how a society descends into chaos and anarchy. No courts, no rule of law, no policing, and laws that facilitate theft. That's when people resort to private violence to get justice, though the last thing I would advocate. Very bad indeed.
        You sound like you're setting up a new Batman film.

        Comment


          #5
          Originally posted by hybrice View Post

          You sound like you're setting up a new Batman film.
          Yup, that's where we are headed

          Comment


            #6
            Alternatively. it's a new situation and we're adjusting to living with a new type of virus - something we're not experienced in.
            For health and social purposes, the government decided to end evictions for a period, initially for any reason and then for limited reasons with longer than usual timescales.
            To achieve that they passed legislation in parliament with cross party support.

            The police can't intervene when no witnessess will attest to the wrongdoing that's been reported.
            That's not changed.

            In a few month's time, the courts will be operating again, having worked out how to operate safely with social distancing.

            A lot of people will be poorer than they would prefer but lots of people won't be dead.

            It's possible that the government's response to the pandemic, or at least elements of it, will turn out to have been misplaced or based on incorrect data.
            But it's not the breakdown of civilisation.
            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


              #7
              Well time will tell -- several estimates (e.g from Austraila) indicate that the excess rate of suicides (apart from other deaths due to to despair) are going to exceed direct Covid related deaths, and more especially life years lost. I suspect that is going to be true in the UK too over a 5 year timescale. And that is just one type of death caused by the response.

              So it's not at all straightforward, and is looking increasingly less so. Protecting the legal/justice/policing structures and mental health was more important than almost anything else.

              Civilisation (at least of the type we know) has been under threat for a while.

              Comment


                #8
                Having to attend tomorrow to try and fix downstairs toilet that has been smashed up, so elderly tenant doesn't need to use a bucket in his room. I've shown evidence of drugs etc and the fact that one of tenants was advertising for a room on Spareroom months ago and neither look to live there, but simply use the property to sell / store / distribute their drug crap and a place where they and those who they deal too, can get high.

                Hopefully Del Boy can put his Batman suit on - as I find its a complete joke and an insult on the tenants that can't move anywhere else.

                Comment


                  #9
                  Originally posted by AndrewDod View Post
                  Well time will tell -- several estimates (e.g from Austraila) indicate that the excess rate of suicides (apart from other deaths due to to despair) are going to exceed direct Covid related deaths, and more especially life years lost. I suspect that is going to be true in the UK too over a 5 year timescale. And that is just one type of death caused by the response.

                  So it's not at all straightforward, and is looking increasingly less so. Protecting the legal/justice/policing structures and mental health was more important than almost anything else.

                  Civilisation (at least of the type we know) has been under threat for a while.
                  There have been more than 53,000 "excess deaths" in England so far in 2020 - 90 odd percent are linked with Covid 19.
                  Suicides in England and Wales last year were about 10% of that figure last year (5691).

                  In the first six months of 2020, there have been about 2,000 suicides recorded in England.
                  This figure is significantly provisional because suicide requires a coroner and inquests have not been possible until recently.

                  But for suicides to exceed the probable covid deaths over 5 years, they'd have to roughly triple in number, which would be noticeable.

                  What's interesting looking at the figures back to 2001 is how consistent the numbers are.
                  There's no uptick 2008-10, for example, when you'd imagine the recession affecting people mentally.
                  There's really no period when the figure is significantly different to any other.

                  So far there has been no significant increase in suicides in Australia.
                  Again, figures lag behind.
                  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


                    #10
                    Originally posted by rugbyroom View Post
                    I've shown evidence of drugs etc and the fact that one of tenants was advertising for a room on Spareroom months ago and neither look to live there, but simply use the property to sell / store / distribute their drug crap and a place where they and those who they deal too, can get high.
                    You need professional support.
                    If the "tenants" aren't living there, you can evict them through routes that aren't affected by the stay.
                    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


                      #11
                      Originally posted by jpkeates View Post
                      There have been more than 53,000 "excess deaths" in England so far in 2020 - 90 odd percent are linked with Covid 19.
                      Suicides in England and Wales last year were about 10% of that figure last year (5691).

                      In the first six months of 2020, there have been about 2,000 suicides recorded in England.
                      This figure is significantly provisional because suicide requires a coroner and inquests have not been possible until recently.

                      But for suicides to exceed the probable covid deaths over 5 years, they'd have to roughly triple in number, which would be noticeable.

                      What's interesting looking at the figures back to 2001 is how consistent the numbers are.
                      There's no uptick 2008-10, for example, when you'd imagine the recession affecting people mentally.
                      There's really no period when the figure is significantly different to any other.

                      So far there has been no significant increase in suicides in Australia.
                      Again, figures lag behind.
                      That's not right JP. This is not the place to debate suicide statistics and how they are rising (and how they are determined), but even at the most simplistic level a suicide of a 25 year old offsets nearly 100 typical short-term excess Covid deaths (in terms of years of life lost). It won't even require a 2% uptick in suicides over 5 years to more than offset Covid loss of life over that timescale (ignoring evenb that over that timescale the 50,000 excess deaths from all causes right now will likely decay to closer to 5000 given that most of those who have died would have died anyway over that timescale - but the 25 year old would not).

                      Comment


                        #12
                        OK.
                        No further debate, but one thing I can't leave unchallenged.
                        The reason for using the "excess deaths" over a five year average figure as opposed to the deaths with Covid 19 on the certificate is that it's a measure of people that died who, statisticially, shouldn't have "died anyway".

                        And, as a cross check, if they would have died anyway over the next five years, we should see 50,000 deaths fewer than average over that period.
                        And there, we shall have to wait and see.
                        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


                          #13
                          Originally posted by jpkeates View Post
                          OK.
                          No further debate, but one thing I can't leave unchallenged.
                          The reason for using the "excess deaths" over a five year average figure as opposed to the deaths with Covid 19 on the certificate is that it's a measure of people that died who, statisticially, shouldn't have "died anyway".

                          And, as a cross check, if they would have died anyway over the next five years, we should see 50,000 deaths fewer than average over that period.
                          And there, we shall have to wait and see.
                          Yes that is right. This 5 years is a different thing - it is the average of the instantaneous rate computed over the last 5 years (e.g the number of September deaths in the years 2014-2019) - not the excess deaths over 5 years - which is a completely different thing, and the important thing. The later will not be known until 5 years from now, but can be estimated

                          To take an extreme example over 100years the number of people living who would not be alive as a result of CV will be zero. Not of practical relevance, but a 1 year example would be)

                          Yes the second part of what you say is correct if all the excess deaths are due to CV at the median age those deaths are taking place (which is not at all the case).

                          All of which means that things need to be done extremely carefully. Tremendous harm can and will otherwise result.

                          Comment


                            #14
                            Originally posted by AndrewDod View Post
                            This 5 years is a different thing - it is the average of the instantaneous rate computed over the last 5 years (e.g the number of September deaths in the years 2014-2019) - not the excess deaths over 5 years - which is a completely different thing, and the important thing. The later will not be known until 5 years from now, but can be estimated
                            It's the deaths in 2020 to date compared to the average (Jan to same point in the year) 2014-2019.
                            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


                              #15
                              Originally posted by jpkeates View Post
                              It's the deaths in 2020 to date compared to the average (Jan to same point in the year) 2014-2019.
                              Yes that's another way of doing it (vs by month). But that's ~6 months time-window -- not 5 years.

                              About half of people age 85 will not be around 5 years from now (pre virus)
                              At 6 months almost all will be still be around (at least 95% depending on gender, smoking etc.)
                              So a six month window to a 5 year window = at least a 50% dilution

                              But ~0% dilution for the 20year old suicides

                              I know where I would attribute my sadness

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Landlord opening ex-tenant's post
                                by Hudson01
                                I have been in my new house for 4 years now and still get post for the other owners...... they did leave with a lot of debt though !!! And funnily enough no forwarding address with anyone...... strange that. I have found that returning the post to the sender does little and it just keeps coming, i now...
                                30-10-2020, 11:00 AM
                              • Landlord opening ex-tenant's post
                                by DanielM
                                Morning all

                                Do any of you have any experience or knowledge of what to do in this situation.

                                The landlord has been opening the ex-tenant's post and found a cheque and saying he isn't going to pass it on to the tenant because the ex-tenant owes rent arrears.

                                I know...
                                28-10-2020, 10:30 AM
                              • Reply to Pre Covid evictions
                                by jpkeates
                                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...
                                30-10-2020, 10:32 AM
                              • Pre Covid evictions
                                by nreid
                                My tenant stopped paying rent in August of 2019, and in November a notice was served. Beginning of February a possession order was granted and a judgement for money. Then the lockdown, and you can imagine the rest of the story. Now 13 months of unpaid rent. Am going out of my mind here, and nervous...
                                17-09-2020, 19:56 PM
                              • Reply to Pre Covid evictions
                                by hybrice
                                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....
                                30-10-2020, 10:20 AM
                              • Reply to Pre Covid evictions
                                by jpkeates
                                That has always been the case for orders made during possession hearings.
                                No idea why....
                                30-10-2020, 09:30 AM
                              • Reply to Landlord opening ex-tenant's post
                                by jpkeates
                                Other than the postal rule, could you point me at a source to support this?

                                This isn't particularly relevant to this thread, it's been something that's fascinated since it was a discussion while I was studying law that was inconclusive.
                                That was a while ago, but it's bothered me off...
                                30-10-2020, 09:27 AM
                              • Reply to Landlord opening ex-tenant's post
                                by pebblepebble
                                As a matter of interest how long it it acceptable to be expected to return to sender? When I moved here I did it for 6 months then everything that came after that went into the bin. They did have a postal divert (I assume for 6 months as we started to get more post after that time) but some things...
                                30-10-2020, 09:17 AM
                              • Reply to AST Contract
                                by Lawcruncher
                                To avoid that being an unfair term I would rephrase that so that the obligation is not to do anything which which would be a breach of the lease. A copy of the lease needs to be given to the tenant so they have time to read it. If the lease has a schedule of "regulations" dealing with matters...
                                30-10-2020, 08:42 AM
                              • AST Contract
                                by Chester Perry
                                I have a download of the Model Agreement for an Assured Shorthold Tenancy and Accompanying Guidance however have just tried to use it and its protected.

                                Is there a free AST contract I can download anywhere?...
                                29-10-2020, 15:05 PM
                              Working...
                              X