Use of MCOL.

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    Use of MCOL.

    Hello all.
    We got a possession order (and warrant) against our tenants (England) later last year. The findings of the court were:
    1) Our tenants should vacate by 8th Dec’20 ( they’re still in situ)
    2) The tenants should pay the landlords costs of approx £420.

    Obviously we can’t enforce the former and as time goes on we’re getting increasingly irritated so I’m wondering whether to enforce the latter; if they’d moved out by now I’d have probably let it lie!
    I did ask my solicitor (who gained us the PO) and he advised against on the grounds that they’d probably not pay and we’d be further down on solicitors fees.

    The complicating factor is that on the TA, my mother is the landlord. (Unfortunate in hindsight; at the time I was getting to grips with running the family business following the death of my father, my son was less than a year old (no sleep!) and I was doing the work prepping the house to let so I got my Mum to do the bit she was able to; dealing with the letting agent).

    My mum is in her 70s, entirely compos-mentis (she lives in an annexe to our house) but she is not part of the zoom generation; she struggles with emails and texts and has little understanding of how the eviction process works (or doesn’t). She doesn’t, for example, ‘get’ why we can’t turf the tenants out of our house and change the locks 😐.At no point during the court proceedings for the eviction was she required to appear; our solicitor informed us of the successful outcome of hearings after the event.

    Im just wondering- what will happen if I ‘help’ my mum to set up an MCOL account to try to get the costs back from the tenants? Is it likely that Mum will be required to appear at a hearing? (I’d rather avoid that). It seems like a bit of an open and shut case that the tenants have not complied with a court order; I’m not sure how they could argue against our case.

    Apologies if these are rookie issues- I’ve never used MCOL before.

    It's quite likely that there wouldn't be a hearing, because, as you say, there's no defence to not paying the court fees.
    But if the tenant did give a defence (of pretty much any kind) there would probably be a hearing and your mother would have to attend.

    You could attend with her as an advisor (but you wouldn't be allowed to address the court - unless the judge allowed it, and they shouldn't really).
    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).


      jpkeates I’m not aware that our tenants engaged in any way with the possession process (and they appear unwilling to engage with the council officer who was trying to rehouse them) so I think it’s likely that our tenants would also stick their heads in the sand if we go down the MCOL route.

      If we are successful, and if the tenants end up with a CCJ because they’ve done nothing, would that mean the council would decline to house them, or would they only do that if our tenants were evicted/had a CCJ for non-payment of rent? Thankyou.


        Slackjawedyokel Council housing departments seem to operate in a fairly inconsistent manner.

        A ccj shouldn't affect the council housing anyone, it's not that uncommon.
        People who deliberately make themselves homeless doesn't always have an impact (although it does have an impact on emergency assistance).
        But councils are meant to help people who are otherwise homeless.

        Some councils will follow up people evicted via s21 notices to discover what's behind it, and others don't seem to.
        The MCOL claim itself would probably be invisible to the council, they're not going to credit check the tenants as far as I know.
        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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