MCOL & PCOL

[OS7]

Hello Everyone,

Via Section 21,i have recently been granted a possession order for my property to happen in middle Jan 2021. The tenants are claiming housing benefit and they owe rent arrears and monies just under £7000 - I have applied for MCOL and now currently waiting to request judgement on this. I am presuming I will get a CCJ against the tenants as they have not defended themselves and then end date is very close.

However i wonder what my next actions should be. I do not have any confidence that tenants will leave the property on court designated date. The last email from tenant was very unpleasant and he also implied that he will not pay any more rent. I am hoping I can at least trasfer the CCJ to High court and then request HCEO to enforce the judgement. Is this possible during covid restrictions. the worst part is that that i know these tenants have some money in which they could spare for rent. I have written to the housing benefit team with evidence to say that housing benefit that tenants are being paid are not utilized for rent - i am unsure whether this will have any impact.

With the possession order, i guess i just have to wait around until covid 19 restrictions are lifted before applying to transfer to High court. Any other ideas? TIA

[ash72]

You've done the right thing, informing the housing team, as they have made themselves intentionally homeless, but remember the T's can use the money how they like under the UC (the concept was good, but reality is that it hasn't worked, the council/government wanted the T's to manage their money better, but without basic money management knowledge they will just spend it on the things that matter, as they trust that the council will also come to their aid).

I would use court bailiffs, as the HCEO will cost more, and I doubt you will see this money and wont be able to get anything back. It will all depend upon when the HCEO's will execute the order as apposed to the County court bailiffs, you can email them to ask them their lead times.

Follow through with the CCJ, and wait upto 6-7 years to enforce it, if their circumstances changes in that time (they win the lottery) don't do it now as it will be pointless.

[Perce]

I will be transferring to HCEO. Yes it is more expensive but I think it will be quicker and easier to communicate. Maybe I am wrong I did not have experience with County Court bailiffs.

[OS7]

thanks for your replies ash 72 and Perce. These are bleak times. I don't really know what to do? My plan now is to worry about possession order after covid restrictions and concentrate on the CCJ as mine own mortgage provider is already on my back for payment. Transferring the CCJ to high court cost £66 and then rest of the cost is billed to defendant. HCEO have a much higher chance of recovering the money and if they don't then the payment from client is £100. I thought perhaps I will go down this route. At the very least it will scare my tenants a bit!

[Perce]

OS7

I do the following ;

CCJ via MCOL (several have been done and enforced via HCEO) and transferring possession order to HCEO for eviction.

[OS7]

[QUOTE=Perce;n1137210]OS7

I do the following ;

CCJ via MCOL (several have been done and enforced via HCEO) and transferring possession order to HCEO for eviction.

Thanks Perce.

CCJ via MCOL will be achieved. However once transferred to HCEO, can it be enforced in lock down conditions ? I hope to go down this route.

possession order is achieved but what will I gain by transferring it HCEO in current conditions. Eviction can't happen in lockdown conditions be it by county court bailiffs or HCEO. It is a section 21 eviction.

[JK0]

I always use county court bailiff, and from what I've read here recently, it seems to be the best option.

[Perce]

Until when is this lockdown ? Will the courts be working ? If the court are not working we can not transfer to HCEO.

JKP

Please tell me why do you think they are better ? They say they take much longer.

[JK0]

JKP

Please tell me why do you think they are better ? They say they take much longer.

Because you have to apply to a judge to transfer to an HCEO. This will involve another hearing where the judge will try to find some reason to not cooperate. (Do you still think that will be quicker?)

[Perce]

JKO - thanks.

I understand that from 20th September you do not need permission from the court to transfer to HCEO but you still need to submit an application.

Are you sure this will involve another hearing ? Does this happen to everybody who applies ?

How long did it take you to hear from the County Court after you have applied?

[JK0]

JKO - thanks.

How long did it take you to hear from the County Court after you have applied?

Around a month from application to eviction IIRC.

[Perce]

Thanks.


It is very good. Maybe it was a very long time ago. I read that it can take up to 6 months.

[hybrice]

JKO - thanks.

I understand that from 20th September you do not need permission from the court to transfer to HCEO but you still need to submit an application.

Are you sure this will involve another hearing ? Does this happen to everybody who applies ?

How long did it take you to hear from the County Court after you have applied?

I'm not sure that's correct, where did you hear that? To my knowledge transferring up to High Court always requires leave of the County Court, if it wasn't permitted in writing in the original order the Claimant would have to apply back under N244 for permission. You'd also want to ask that they include that the eviction can be enforced in lockdown.

[Perce]

Hybrice -

How can I ask that the eviction can be enforced during the lockdown if there is no anti social behaviour and pre COVID rent ?

see below.

“Court permission is no longer required to transfer your order to the High Court for enforcement by a High Court Enforcement Agent”

[jpkeates]

Hybrice -How can I ask that the eviction can be enforced during the lockdown if there is no anti social behaviour and pre COVID rent ?

Enforcement isn't currently stayed "during lockdown", it's currently stayed until the 11th January.

I expect it to be extended, but that's simply a prediction.

There is no difference between HCEO and CC bailiffs in the current stay.
Neither type of organisation can retake possession, unless there are significant pre-March 2020 arrears, anti-social behaviour or trespass.