Court review

[OS7]

Hi,

After a few days, I think I am fully recovered with court session.

Could I ask about eviction. I made the original possession claim via PCOL. Could I request for warrant of possession via PCOL, ie complete n325 on PCOL. Please someone signpost me. I know I can’t do anything until middle Jan 2021, but trying to gather all info.

i am about file a MCOL against the arrears my tenants owe me and it is over £5000. Eventually how do I apply for warrant of possession if the CCJ is not paid.Could I do it via MCOL and does it matter if it is over £5000. The MCOL says you can’t apply warrant if the sum is over £5000 unless it complies with consumer credit act 1974. What does this mean?

thanks

[hybrice]

Your possession warrant and your MCOL claim are completely separate, don't confuse them. It only asks about monies on the n325 if you got both possession and a money judgement, and you don't.

So submit the n325 when the time comes, ignore all fields asking about arrears as they're not applicable. Then once you have a money judgement, you'll need to enforce that separately

[OS7]

Can I do the n325 on PCOL - currently i can't see any options for this.

MCOL is a different matter for the rent owing - i understand this. I haven't initiated a MCOL yet , but fully intent to as the tenant wrote me a nasty email saying that he is not going to pay me anymore. how do i enforce a money judgement of £5000 or more.

[hybrice]

As far as I know (not a solicitor), you cannot issue N325 online, PCOL is all about getting the order, enforcement is dealt with by the Court.

You need this:
https://assets.publishing.service.go...0/n325-eng.pdf

Fill it in, leave blank or strikethrough any fields referencing collection of arrears/money.

You'll also need to fill in a risk assessment for the bailiffs, easier to submit this at the same time:

https://assets.publishing.service.go.../ex97a-eng.pdf

Enclose both of the above, with a copy of the Order (don't assume they have it, saves time), and a cover letter stating the "tenant has not vacated the property as ordered by [Deputy] District Judge X on Y date, and you seek bailiff enforcement to secure possession", also state you wish to pay via card and provide them with your phone number, otherwise, they'll sit there waiting for a cheque...

Once all that is done, and you've paid your £121, you'll get a date. You'll need to arrange a locksmith to attend, and you or a friend/colleague will need to meet them there prior to the eviction.

MCOL is totally separate, once you have your order you can apply for a Warrant of Control for bailiffs to attempt debt recovery, If the guy really doesn't have a job/assets, I honestly wouldn't bother. It's a lot to write off, but you'll only spend more chasing the dragon.

If the value is above £5,000, you can apply to bankrupt the Defendant, however, this in practice costs you a lot of money, and does little but help the Defendant pay for their own bankruptcy petition.

Certainly for the cost of enforcement, give it a go and see if you can recover anything, might even be worth escalating to high court as HCEOs have more powers, but that's yet more expense for you that you might not get back.

EDIT - The website seems to suggest that you can actually request a warrant online, maybe it only appears once the time to vacate has passed? I haven't got the foggiest, I'd call the Court and ask. They'll tell you they can't provide legal advice, but you're not asking for legal advice, you're asking about process.

https://www.possessionclaim.gov.uk/pcol/help/hlp.do

[OS7]

Thanks Hybrice. It is indeed a long process, hopefully I will soon see the light at the end of tunnel soon. Roll on 2021...

[ddq]

Hi all. Just an update. None rang me on he review. A month passed. Yesterday I received notice for hearing and today I received a text from tenant telling me to come collect the keys. It's lock down, and arrears is a year of rent. What should I do? Can I not collect the keys and wait for 3 weeks to go to court or I have to collect the keys anyway, and still can go to court for the claim? It's weird I never heard of this kind of abuse of landlord for a year free lodging, and still no CCJ if court will be avoided this way. Grateful for your advice.

[jpkeates]

Get your property back first.
Then use MCOL to try and recover the lost rent.

Accept the offered surrender by collecting the keys (and changing the locks).

[DPT57]

Take a deed of surrender and a witness with you and ask them to sign.

[hybrice]

Get your property back first.
Then use MCOL to try and recover the lost rent.

Accept the offered surrender by collecting the keys (and changing the locks).

JPKeates is right, Possession and arrears are two separate issues, though they may feel like one.

Firstly, get your property back. Ask them to put the surrender in writing, email or letter is fine, or better yet meet and sign a proper deed of surrender.

Accept the surrender, collect the keys and change the locks, but absolutely do not change or cancel the Court hearing until you're 100% you have possession.

Personally, I'd still attend the hearing to tell the judge the matter is resolved but you wish to seek costs against the Defendant for letting it get to a hearing - may or may not make an order, probably will.

After that, use MCOL to file a claim for the arrears + costs, then enforce it via CCJ/Bailiff.

[OS7]

ddq,

Please get your keys and secure your property. However be safe. At least tenant is moving and you will have your property back. Years worth of rent - claim it via MCOL and then HECO. Once you have secured your property, let court know what happened.

[ddq]

Thank you, very one, for your encouragement and advice. Yes, at least 2.5 years worth of rent, and a scar on renting properties. My situation is a bit awkward. I was abroad when all the lock-down happened so engaged a solicitor for this. They are busy thanks to the covid and frustration given by the Gov't, nice at the beginning but then... When engaging them, they made me sign the contract saying all the fees towards High Court enforcement were payable then. I was abroad and confused so paid it without checking what the process would be. Now I clearly don't need bailiffs or High Court enforcement service. I am not sure if I will need solicitor's presence on hearing even. But for £420 solicitor presentation I don't mind. But for £1040 High Court enforcement fees lost service, I am chocked and grunting, as you all can imagine. Can't blame myself enough for this stupidity. Can you have any comment/initiative/reasoning for my situation please?

[OS7]

ddq,

Very sorry to hear your plight. Sometime good outcomes leave a bitter taste in your mouth! I guess legal fees is one of them. Perhaps you can ask the question that since HCEO wasn’t needed, do you still need to pay for this service. Hopefully issues resolve and you have got your property back; and you can start to recoup your losses. And I was also told you can project legal fees as expenses in your tax return ( I am unsure of this). If you had no income from the property, and also suffered a huge expense, you clearly have suffered a business loss. Perhaps you would be able to offset these in your tax return. Please consult the HMRC guidelines , a friend who works in accounting firm said that legal fees would be accepted as a expense for rental properties. Best of luck

[Perce]

Have you asked your solicitor to return the money ? Don't blame yourself. The situation was difficult, you were stressed and it was not easy to find the right solicitor but at least the tenant is out.

[ddq]

Hi all. What is the cost/reimbursement for the solicitor if bailiffs is required, and what is it if high court enforcement is required?

[ddq]

Have you asked your solicitor to return the money ? Don't blame yourself. The situation was difficult, you were stressed and it was not easy to find the right solicitor but at least the tenant is out.

Yes, I asked if they can refund that portion and they just kept silence.