Finding a County Court Bailiff

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    #31
    There will be no evictions for those who enrolled into the breathing space. But what about the others who are not in the breathing space ? Also non eviction ?

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      #32
      Originally posted by Perce View Post
      There will be no evictions for those who enrolled into the breathing space. But what about the others who are not in the breathing space ? Also non eviction ?
      Perce, I think section 21 eviction can still go ahead, as it is not related to a debt, even if breathing space is activated. However mental health breathing space is complicated - even If law allows section 21 eviction to go ahead, I may be tempted to withdraw.

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        #33
        My take on the whole scenario is that I think eviction ban will not be extended past 31/03. As the government is introducing mediation, once this scheme is fully implemented, eviction ban will be lifted. Obviously, the breathing Space scheme coupled with mediation, will cause delays......

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          #34
          Breathing space will have almost no effect at all on evictions.
          Even if it did, it might add 60 days to the process.
          Anyone who would be entitled to a mental health breathing space couldn't be in court now for a hearing anyway.

          We'll have to know about the evictions ban extensions quite soon.
          The whole set of regulations for the pandemic expires on 31st March, which is why it's been extended to then - it wouldn't be legal to extend it further.
          The main two likely dates to extend the ban to are the step 2 or step 3 phases of the roadmap out of lockdown.
          So (currently) April 12th or May 17th - it doesn't seem to make sense to wait until the very end of the process.
          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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            #35
            Just out of interest, if the court bailiffs believe that the eviction ban will not extend past the end of March, will they start issuing notices to evictees 2+ weeks before that, or will they have to wait until the ban is actually lifted before they start issuing notices?

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              #36
              The ban is on carrying out evictions.
              There is no ban on issuing notices that I know of.
              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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                #37
                jpkeates so if court bailiffs are ‘keen’, they may start issuing eviction appointments by mid-March so they’re not sitting on their hands for at least a fortnight come April?
                Will court bailiffs be that keen though?
                I’m always optimistic, so will try to find out from my solicitor whether my eviction has been back to court yet to be passed to the bailiffs.

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                  #38
                  All of the proposed government dates are subject to confirmation a week before they're due.
                  So no one should probably rely on any dates until they're confirmed the week before.

                  Not that that will stop anyone doing just that.
                  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


                    #39
                    Perce I’ve just had an email back from my solicitor- he’s not heard anything back from the court after applying for a warrant on 9thDec, and he’s under the impression that courts will not grant any until after the eviction ban is lifted. Then, as my case is S21, it is likely to be subject to significant delays as the court/bailiffs work through the backlog and through the more pressing cases of antisocial behaviour and large arrears.
                    Happy days☹️.
                    Did you get your warrant yet?

                    Im going to go ahead with the EICR (despite not intending to let the house out further) lest it turns out to be a stumbling block in the future, as they may be in situ for some months yet. I’m just hoping it doesn’t recommend thousands of pounds of work, which would be a dead loss.

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                      #40
                      Hello Slackjawedyokel,

                      I called the court and they informed me that the warrant was issued 2 weeks after I had applied. The court did not inform the solicitor. The guy on the phone said they will inform the solicitors only when there is already an eviction date.

                      You can call the court yourself and find out. It took the guy on the phone a bit of time to get this info. He gave me the ref number. I had to put pressure on him as he was not particularly willing to search on the system.. I am sure your warrant has been issued.

                      You can write to me privately if you need more info.

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                        #41
                        Do your EICR by all means. You do not need more problems. I will be selling my property too but I did it. It was very expensive.

                        I did my EICR before the PO when it was not even required because I knew there would be problems later.

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                          #42
                          Perce Thankyou; I’m tempted to call the court to find out if the warrant has been issued but I’m not sure if they will tell me. It’s another case of ‘well, I wouldn’t do that again’ - I’m not personally named as the landlord- my mother is (;due to me being exceedingly busy in the wake of my dad’s death; stepping up to the plate running the family business, and with a baby so quite sleep deprived)- I let my mum sort out with the letting agent about the letting of the house so she ended up named on the TA as landlord, and hence she’s the named claimant in the eviction case.
                          I’m not sure the court will tell me anything as I’m not a named claimant or defendant or a named representative of either.
                          My mum, while wanting rid of the tenants (they have been really quite rude and unpleasant to her at times) , and while still completely compos mentis she really does not get the whole series of hurdles that have to be negotiated calmly by us in this eviction process - going via a solicitor, then me dealing with the solicitor on Mum’s behalf seemed the best option!

                          Why was your EICR very expensive? Was it a case of there being lots to rectify?
                          My agent was going to get the EICR done at the last possible moment in March, on the grounds that you get 3 weeks to rectify issues - I said just to get on with it as the chances of them being gone by the 4th week in April seem slim to nil...

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                            #43
                            Slackjawedyokel - the electrician has changed the fuse box and did something to the lights in the bathroom. I think he saw a woman and realised that I had no clue about electricity so charged me whatever he wanted.

                            I think the courts will tell you about the warrant. They will ask for the reference of your PO and the name of the claimant and the defendant. I think you need to know that the warrant has been issued for the peace of your mind.

                            Sorry to hear about the difficult time you have at the moment. Perhaps it’s best to call the court later when you are in a better state of mind.

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                              #44
                              Perce Thankyou for that information- I will try giving the court a call. No need to worry about me- I’m in robust health and state of mind. After my dad died, several years ago now, it was a particularly hard/busy (also rewarding) time but things are now fine if still very busy! Just a bit P’d off with the position we’re in!

                              I floated the idea of raising the rent as EICR will cost as a result of T’s (in)action. Agent says not to as rent increases now have to be notified at least 6months and would be viewed by a court as vindictive/forcing them out. I feel like a right mug now for being a nice landlord and not raising the rent to sitting tenants- clearly even council housing is looking financially unattractive to them so they can save money by staying put.

                              Ho-hum. I’m sorry that your electrician probably fleeced you.

                              Comment


                                #45
                                They put you in a queue when you call the court. I found out that the best time to call is 9am. Don’t be put off if the first person on the phone refuses to give you information saying that you have a solicitor. Say your solicitor is very slow or call again and another person will pick up the phone and will give you the info you need. Don’t give up easily.

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