Navigating the Courts for a Section 8 Notice seeking Possession

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    Navigating the Courts for a Section 8 Notice seeking Possession

    I have read some really useful threads on this forum, and wanted to share my current situation to both help, and learn from, others.

    My Tenant stopped paying rent shortly after the first lockdown. In addition pre-existing arrears, the total is now >12month rent. In addition, my Tenant has been harrassing neighbours and has been given a Police caution for their antisocial behaviour.
    In September, my patience ran out, and I issued both Section 8 and Section 21 notices. In attempt to keep matters out of Court, I continued to try and communicate with my Tenant, but all I got in response was empty promises.
    In January I applied via PCOL for my claim to be looked at. It took several weeks, but I received a 'Review' date on 5th Feb, for the 2nd March.
    On the Review day (having sent the required bundle to the Court and my Tenant), I heard nothing. (I have seen on a separate thread, that this is not uncommon).

    Can anyone advise on what timescale I should be looking at for the next steps?

    What are my chances of successfully getting my Tenant out before the Summer ?!!

    #2
    The most significant issue with getting the tenant out is the complete ban on bailiffs carrying out possession warrrants, which runs until May 31st at least.
    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


      #3
      Yes. I saw that update (from end of March), so wonder if there was any experience of the 'exclusions' to date, (I think they have existed for a while) notably:
      • Anti-social behaviour
      • Six months’ worth of rent arrears
      I would expect many others to be in a similar situation as me, with Tenants stopping paying rent entirely for many months now.

      Comment


        #4
        There's no data for 2021, but between October and December last year, there were 548 evictions carried out by County Court bailiffs - which must have been for those exceptions allowed.
        So I'd suspect it was very rare - most counties saw no evictions carried out at all.

        If you do get a result, you need to request the court adds the specific wording required to the warrant to allow the bailiffs to proceed.
        It's also quite possible the bailiffs won't do it even if they're allowed to - we're in lockdown and you're asking them to potentially enter someone's home.
        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


          #5
          Originally posted by jpkeates View Post
          If you do get a result, you need to request the court adds the specific wording required to the warrant to allow the bailiffs to proceed.
          home.
          Thanks, that's very helpful to know in advance.

          Just to add to the complications, the owners of the flat above, have 'threatened' me with legal action because of the distress my Tenant is causing them (as I am technically in breach of my Leasehold agreement by having the flat occupied by an antisocial Tenant).
          The Tenant failed to appear in Court recently, so there's apparently a warrant for their arrest. Not sure this makes the situation any better.

          Comment


            #6
            Originally posted by EPL View Post
            Just to add to the complications, the owners of the flat above, have 'threatened' me with legal action because of the distress my Tenant is causing them (as I am technically in breach of my Leasehold agreement by having the flat occupied by an antisocial Tenant).
            I wouldn't be too concerned about that threat.
            If you're in breach of your lease, their enforcement action is via the freeholder. not the courts.
            You're not legally responsible for the behaviour of your tenant (unless the circumstances are very odd), even if you have responsibilities under the lease.

            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


              #7
              Fast Forward - well, sort of - the Hearing took place on 15th April and the Judge agreed to apply the 'exclusions' to the 31st May ban on Evictions. However, as the Defendent was a 'no show' and there is no proof of the Hearing having taken place anywhere on PCOL, I am trying to chase down the Directions from the Court.

              I have so far been able to establish that the Directions were sent (10 days after the Hearing) to be typed up. Two weeks later, and still no sign of the official notice to the Tenant.

              The Tenant's behavior, meanwhile, has escalated from 'harrassment' to actual damage to property and verbal death threats to neighbours. The Police, of course, have been informed but still I cannot move to evict the Tenant without authority. My paperwork is apparently amongst a backlog of cases being processed by administrators.

              This system seems totally broken and would seem to favour those evading justice

              Comment


                #8
                A police caution is a conviction, so ground 14 for section 8, surely?

                Comment


                  #9
                  Originally posted by JK0 View Post
                  A police caution is a conviction, so ground 14 for section 8, surely?
                  Yes, and I already have that accepted at the Harassment level - however, getting the paperwork out of the system to take things to the next step is like shouting into a well . . . . you only hear your own voice - there's no meaningful dialogue in return!

                  I have been told:
                  'we are understaffed'
                  'there is a backlog'
                  'if you don't receive anything by Monday, try calling us back'
                  'I will speak to a Manager'
                  etc. etc.

                  Comment


                    #10
                    Originally posted by JK0 View Post
                    A police caution is a conviction, so ground 14 for section 8, surely?
                    It isn't a conviction, but it is part of a criminal record.

                    https://www.gov.uk/caution-warning-penalty
                    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


                      #11
                      OK . . some progress, that might be of interest to others in a similar situation.
                      My emails and calls to PCOL and the 'typing pool' have (perhaps serendipitously) resulted in the issue of an N26 Order of Possession (OP) and Money Order appearing on PCOL. (nothing yet in the post).

                      Importantly, the date on the OP is 14 days from the Hearing and is therefore already in the past. (29th April).

                      What next?

                      From reading other posts of a similar nature, it seems that I am not out the other side yet. Next step is to request the Court for a Warrant.

                      Originally posted by jpkeates View Post
                      If you do get a result, you need to request the court adds the specific wording required to the warrant to allow the bailiffs to proceed.
                      Unfortunately, I don't see this wording in the Order of Possession

                      Does anyone have any tips on getting this next step right?

                      Comment

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