Used old Section 8 form - cant add Anti Social via online PCOL

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  • jpkeates
    replied
    Yes, the Landlordzone forum Christmas movie has a happy ending.

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  • DPT57
    replied
    Congratulations on at least getting possession.

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  • KTC
    replied
    The police is underfunded and understaffed. The "extra police officers" you hear about on the news recently are police officers whose leave are cancelled, on OT, and/or reassigned from other duties.

    OTOH, I would make a formal complaint that they failed to even take an interest despite being told there's illegal drugs there and see what happens.

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  • rugbyroom
    replied
    Finally got possession back of 2 rooms within my HMO property on Monday after a year from hell, however the problems continue.

    I informed the Police about 8 attended with 2 HCEO, that there will be drugs / cash stashed in the property and its likely that the 2 tenants would return, but was advised to simply call the Police if this happened.

    So on Tuesday a good tenant calls me explaining that the 2 drug dealers have returned to the property, so I call the Police and spend the next 5 minutes giving the operator details about myself and the evicted tenants, such as date of birth etc, whilst during this time, my front door has been kicked in, and 1 evicted tenant enters, whilst the other remains on watch outside.

    I attended yesterday to meet Police as explained that I have installed a number of CCTV cameras within the property, which shows the evicted tenant, forcing the front door open, and then going upstairs and about 4 minutes later leaves with a small rucksack (certainly filled with drugs / cash). He then comes back a few more times to get other items from his room (basement), again forcing the door with locks changed and Writ of Possession stuck to door.

    Whilst I have spent the last year telling the Police that these 2 criminals have used my property as a drugs den, yet again the Police have given me a crime ref number and informed me that unless they were caught at the property, it will be a case of only Criminal Damage to my locks that they can ask the CPS to look into.

    Thankfully after checking my house with insurance company yesterday had notice that another room in which a good tenant was forced out of in March, was also forced open and my Wildlife camera that I put in there on Monday has gone, but likely not a high enough value for Police to worry about.

    I'm glad that I've got my property back, but it seems that its going to be OK for evicted tenants to keep returning whenever they want as the Police don't want to send anyone to a property which will have 2 violent (likely armed with knives) drug dealers, who are going to continue to make lives hell for those who they exploit.

    Have a good Xmas to you all.

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  • rugbyroom
    replied
    Hi Jon, got order to evict with immediate effect, but only HCEO can evict as you cant even speak to County Court Bailiff in my area, but the waiting time will be huge when Courts / Evictions re-open.

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  • Jon66
    replied
    Why use the HCEO? With the stay until Jan 11 it's unlikely to be quicker, and probably cheaper using the cc bailiffs.

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  • rugbyroom
    replied
    Finally got ordered amended today and have sent to HCEO to transfer, but now another hurdle in relation to their fees.

    There asking £495 +VAT + Court Fee of £66 per tenant for the two tenants at the same property. I have emailed to see if thats a mistake as was informed it would only be £495 + VAT paid once to evict both tenants from the same house.

    It has had to be 2 separate orders, but it seems such a huge expense to pay twice.

    Has anyone got any good reviews or used HCEO whose costs are not eye watering.

    Thanks

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  • rugbyroom
    replied
    The HCEO is saying that it has to be part of the order, with the wording: ​​​​​​The court is satisfied that it is exempt under The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020.

    It explains that the order clearly has to show that an exemption is allowed, and failure to do so the HCEO should not proceed with the Eviction.

    I have spent the morning trying to get through to the Courts or even a County Court Bailiff, but there is no answer. The only thing I received today from the Court was a letter telling me I have a hearing on the 8th December.

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  • rugbyroom
    replied
    thumbnail.jpeg

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  • KTC
    replied
    Surely, the wording isn't in the order for possession itself but any writ or warrant.

    The regulations says "the court is satisfied that the notice, writ or warrant relates to an order for possession made", so make sure the wording is in the writ or warrant that the order for possession was wholly or partly based on ground 14, and you're good to go.

    Leave a comment:


  • rugbyroom
    replied
    Thank you hybrice, had spoken to a solicitor prior to hearing and the Judge checked to make sure that everything was in order as there is a risk to life.

    He spent time looking at current guidelines, but the HCEO has informed me these changes are happening so fast that its difficult for most to keep up with them.

    I don't want a tenant who is being forced to live with the tenant that instigated a drug crazed man to attempt to rob him when he was sleeping with a large knife, having to spend a few more hours living in these conditions.

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  • hybrice
    replied
    Originally posted by rugbyroom View Post
    Dear Forum

    Yesterday I was delighted to get possession forthwith, with transfer to HCEO, money order and also the 14 days notice that HCEO need to hand tenants noticed dispensed with.

    Great result, but the order can't be used as recent (within past 2 weeks) MOJ have said that new wording needs to be added to possession order, certainly for my case to be transferred and HCEO used.

    Ive spent the whole day making enquires, even after I had spoken yesterday and Monday to a well known HCEO to ask what information they would want on the order.

    Please make sure that any order you get has the following:

    ​​​​​​The court is satisfied that it is exempt under The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020.

    Its been so difficult to get to this stage, and its just as hard to speak to any Court Staff to assist in getting an amendment done, have sent N244 across with request, but it could take 10 days, in which time the Court will be closed for Christmas.

    To make matters worse, the local council who I've been asking for assistance with this matter, phoned today to ask to inspect property as they may re-move my license and shut down property.

    I've tried to make contact with County Court Bailiff to see if its the same with them, but its also impossible to have contact with them, and contact centre phone number informs me that there are no evictions during the Xmas period.

    I've got the eviction on Grounds 14 of a new Section 8 notice that I was able to serve in November as the CCTV footage clearly shows my tenants at serious risk of harm from those I'm trying to evict, yet it seems that the way this is going, tenants who have lived in the property for almost 30 years, could be spending Xmas elsewhere.

    Simply trying to get the bold text, added to an order, but will visit my local Court tomorrow as it took me 4 hours to get to Nuneaton from where I live due to the Fog.

    I hope that others can avoid what appears to be another potential loop hole for evictions to actually not happen
    I'm sorry to say this isn't a loophole, this is exactly why you pay for a solicitor, so you can get an accurate and correct order. A Judge isn't there to give you a correct order, he/she is there to adjudicate matters of law, it's on the solicitor or litigant in person to propose what order they want, usual in the form of a draft order.

    My greatest sympathies for you, although if you just wait a few weeks you can enforce the order through normal means. I'm sure the council would understand you've done what you can but you cannot remove these people due to a legal stay on evictions over Xmas...

    In any event, it's unusual for a court to close this early in December, I hope you submitted your N244 to be heard ex parte, otherwise by the time a decision is made it could already be past the time it was relevant for...

    Leave a comment:


  • 45002
    replied
    OP previous posts on HCEO https://forums.landlordzone.co.uk/fo...-further-order

    https://forums.landlordzone.co.uk/fo...hceo-and-n293a

    Leave a comment:


  • rugbyroom
    replied
    Dear Forum

    Yesterday I was delighted to get possession forthwith, with transfer to HCEO, money order and also the 14 days notice that HCEO need to hand tenants noticed dispensed with.

    Great result, but the order can't be used as recent (within past 2 weeks) MOJ have said that new wording needs to be added to possession order, certainly for my case to be transferred and HCEO used.

    Ive spent the whole day making enquires, even after I had spoken yesterday and Monday to a well known HCEO to ask what information they would want on the order.

    Please make sure that any order you get has the following:

    ​​​​​​The court is satisfied that it is exempt under The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020.

    Its been so difficult to get to this stage, and its just as hard to speak to any Court Staff to assist in getting an amendment done, have sent N244 across with request, but it could take 10 days, in which time the Court will be closed for Christmas.

    To make matters worse, the local council who I've been asking for assistance with this matter, phoned today to ask to inspect property as they may re-move my license and shut down property.

    I've tried to make contact with County Court Bailiff to see if its the same with them, but its also impossible to have contact with them, and contact centre phone number informs me that there are no evictions during the Xmas period.

    I've got the eviction on Grounds 14 of a new Section 8 notice that I was able to serve in November as the CCTV footage clearly shows my tenants at serious risk of harm from those I'm trying to evict, yet it seems that the way this is going, tenants who have lived in the property for almost 30 years, could be spending Xmas elsewhere.

    Simply trying to get the bold text, added to an order, but will visit my local Court tomorrow as it took me 4 hours to get to Nuneaton from where I live due to the Fog.

    I hope that others can avoid what appears to be another potential loop hole for evictions to actually not happen

    Leave a comment:


  • rugbyroom
    replied
    Dear Forum,

    I went before a very understanding Judge yesterday, who granted me possession on Grounds 8 and 14. He enabled me to use a new Section 8 that I served on the 6th November as first one served in January didn't have grounds 14.

    I was also given possession forthwith and permission to transfer to HCEO and he also ordered that the 14 day notice of eviction is dispensed with.

    I emailed yesterday the HCEO who I had spoken to previously to confirm what they may or may not need, but they are now saying...

    Furthermore, we now believe you will also will have to apply for a further order of the court under point 2 (ii). of the attached. ( N244 application). Please note, It is not for the HCEO to decide if there are grounds, the HCEO has to be satisfied the order contains the wording as attached, and it does not.

    Point 2 part (11) reads .....

    The claimant must give the HCEO a copy of a court order clearly showing that the case into an allowed exemption. If the claimant fails to produce an order, the HCEO should not proceed with the eviction.

    Where an exemption is not identified on the order (including orders made prior to 17 November: the claimant should make an application by filing an N244 application under Part 23 of the Civil Procedure Rules, requesting the Court “to declare itself satisfied of the following matter set out at [specify which paragraph of Regulation 2], namely [specify the matter]”. This should be ‘on notice’. The application should be sent to the court that made with the original possession order. No fee is payable for this application.

    The Judge spent a lot of time helping me yesterday, but have no idea what is wrong with my order which the Judge made on Grounds 14 and even spent time looking at current guidelines.

    Have just spoke again to the HCEO and they don't know what wording they want or need on the order, so that they are satisfied, so having to wait now for someone senior in the Company to decide.

    I would have thought that what the Judge has written in the order is enough for possession to happen, but it seems that I've hit another hurdle in the home straight.


    Leave a comment:

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