County court bailiffs

[jpkeates]

I think we have to be realistic, there's nothing in the current government plans about when people will be able to mix indoors, or when working in someone else's property will be allowed.

I'd say that's the point at which it will become impossible to keep the stay on bailiffs.

But, that looks like the earliest that is likely to happen is late June (and that could obviously be a delay if things don\t go to plan).

[Perce]

It is not in the gov interest to lift the stay even in June and the reason not to do it can always be found. If it happens in a June we will be very lucky. My tenant knows this and that is why he ignores the court order.

[jpkeates]

It isn't just about what's in the government's interests, it has to act legally - the pandemic has allowed it to do a lot if things that it couldn't otherwise have done.
The legislation that allows it to stay evictions times out at the end of March and will have to be extended in order to allow the stay - as well as all of the other Covid related regulations.
In normal times it's not possible for a low to prevent people leaving their homes or to close down business to exist without challenge.

So the first indication of the likely scope for extension is going to be how long the Covid regulations are extended until.
That's likely to be the end of June (at which point again, they'll simply time out).

And, to be honest, I don't see this government having an issue with evictions happening after the pandemic is mostly over - it makes sense not to have people losing their homes when the population is required to stay indoors to prevent even more deaths than we've actually experienced. Once that situation ends, this government will revert to it's normal policy of not giving a monkeys for people who can't pay for things.

[Slackjawedyokel]

jpkeates the Govt may not have an issue with the resumption of evictions, but will doubtless get leant on by the left-wing media (as they are currently over pay rises for nurses); making out that there are a lot of folks about to get turfed out onto the streets (not true, if I’ve interpreted your figures above correctly). The longer it goes on , the more evictions in the system and the harder it will be to resume. I just hope our govt doesn’t do something more radical; would it be possible for them to get rid of S21 before resuming evictions and would such a move effectively cancel a warrant already granted?

[jpkeates]

I'm not sure that the issues around pay for nurses is confined to the left wing.

The number of people made homeless as a result of legal processes is well known, what isn't known is the level of non-legal activity and the number of people who leave their homes as a result of simply being given notice or running out of the ability to pay their rent.

The notion that evictions or notices from landlords "causes" homelessness is as misguided as thinking that most deaths are caused by heart failure - it may be the final and terminal event, but it usually isn't the actual cause.

While the government is theoretically allowed to do anything it wants, it doesn't do that in practice and introducing a ban on s21 notices into existing tenancies would be very difficult - at least there would need to be a lot of notice that it would happen.
Retrospective legislation is almost impossible to enforce (so no one is going to have warrants cancelled - they might be postponed for a long time - which might feel the same but is different).

Ending s21 notices hasn't brought about the end of the rental world in Scotland, so the government can always point to that as an example.

[Perce]

Warrants are valid for 1 year only but can be extended. Then you will need to apply again and the court won’t issue it. So you will end up having S21 PO but won’t be able to enforce it. So no need to cancel S21 retrospectively.

[Slackjawedyokel]

Perce - again I can’t like that, but I understand what you’re saying.

[Perce]

Slackjawedyokel - I will read tea leaves tonight to see what lies ahead...

[Slackjawedyokel]

In Scotland, did they ban S21 evictions for existing, ongoing tenancies, or only for new tenancies?

[Perce]

Hello All

Once you get a warrant for possession do you need to ask the court bailiffs to add you in the queue or they will do it without asking them? The County admin has advised me to send them am email with my query (to which they won't answer).

[theartfullodger]

In Scotland, did they ban S21 evictions for existing, ongoing tenancies, or only for new tenancies?

Under new PRT tenancies only - see
https://www.gov.scot/policies/privat...enancy-reform/

It wasn't s21 that was banned, but previous very similar but differently named eviction option that was removed (s33 from memory??)

Speaking as a Scottish landlord I'm quite happy with the change: Some benefits for landlords

[Display name]

I applied for a telephone hearing on 25 Feb 2021 under the recent Public Health (Coronavirus)(Protection from Eviction)(England) Regs 2021 This was based on serious rent arrears (17 months but you need only 6) to have the warrant actioned. Took 3 minutes as the tenant didn't dial in and the judge made an order to execute the warrant. Eviction scheduled for 18 March, after which, all being well, I will be an ex-landlord.

[Perce]

Display Name - congratulations !

You applied for PO under S8 so it is different from S21. My tenant would have paid off the arrears if I had applied under S8.

[Slackjawedyokel]

theartfullodger Thanks for that clarification. In my situation I have two cottages that have low EPCs due to their construction (I let them out at lowish rents as I know they can be expensive to heat). I understand EPCs will have to be much higher in this he future (proposed CatC by 2025), which leaves landlords like myself with a problem. Works to substantially improve the EPC could only take place when a property is vacant (insulating EVERYTHING- walls, floors, ceilings etc), but what would a landlord do if tenants will not move out, but the landlord is required to improve the EPC?

I know there may be derogations available where the landlord spends a certain amount of money on a property, but that’s hardly satisfactory!

[Display name]

Also, I'm completing the MCOL application now for submission tomorrow, before the tenant has even left because, a) I've no idea where he'll disappear to and b) I've next to zero chance of recovering any money. I've no experience of this and am completely winging it, so I won't be offended if anyone thinks this is a bad idea. I'll pay the fee (£410), get a nice warm feeling inside (assuming the CCJ is granted) then move on.