Phased reduction in notice period

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    #16
    I'm not sure what else the government is supposed to do, though.

    That guidance would be sensible for any infectious disease - and there's no legal basis for anyone to demand proof.
    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


      #17
      Originally posted by Perce View Post
      OS7

      It applies to both S8 and S21.

      “Bailiffs will once again be able to undertake evictions from 31 May 2021. Two-weeks’ notice is required to be given to tenants before evictions can take place therefore the earliest evictions can take place will be mid-June.

      Where the occupier is self-isolating or has Covid-19 symptoms the appointment will not be carried out.”
      thanks so much Perce, i am just getting all the paperwork for the warrant up and ready.

      Could I check if this is all I need: a covering letter, "Request for warrant of possession of land"document, bailiff risk assessment questionnaire and the copy of the actual possession order. I am hoping to pay by credit card, therefore I have requested on my covering letter, for the eviction team to ring me to take payment. Is this all I need.

      I never thought 12 months ago, I will come to this point. Me Evicting a family!!!!

      Comment


        #18
        Originally posted by Hudson01 View Post

        The tenant is clearly a slippery character and if they pick up on the get out clause of '' self isolating'' etc then you may have trouble.
        What will happen tenants say this, will the bailiffs visit them again after isolation period. Tenants have already said their son had covid during the court hearing - and it didn't make massive difference to the Judge, she simply signed the court order... so i am not sure if they can just get away with just saying they have covid 19 symptoms ....a positive test result would be needed i guess.

        Comment


          #19
          If you suspect you have Covid, you’re supposed to book yourself in for a PCR test. If the bailiffs arrive and the tenants’have symptoms’ but have not had a test, that casts doubt on their story. If tenants are crying wolf I doubt bailiffs will be fooled for very long.

          Comment


            #20
            found the gov.uk document !!!

            https://www.gov.uk/government/news/s...notice-periods

            Comment


              #21
              OS7 - I think bailiffs will leave but will come later. I have the same problem with my T. He will say he is unwell, needs a second jab otherwise he will catch Covid and die due to his weak health. He has already said this to me.

              My solicitor has applied for a warrant so I don’t know what is needed. Maybe someone on this forum can advise.

              I wonder how many months it will take for the county court bailiffs to make an appointment with the T. ?












              Comment


                #22
                Originally posted by Perce View Post
                I wonder how many months it will take for the county court bailiffs to make an appointment with the T. ?
                We should be able to predict that.

                The government has now updated its possession stats for the first quarter of the year, so I think we can work it out.

                There must be some warrants issued from before March 2020 that weren't executed - which seem to be limited to a few thousand (because the number of claims and possessions is pretty consistent year on year).

                There have been 8,425 possession orders made during the pandemic rules (with fewer than normal being suspended) with 5,486 having warrants issued.

                Assuming the backlog from pre-pandemic is about 2-3,000 (my estimate), that’s the complete backlog (about 9,000? warrants). Usually half of the warrants result in an actual eviction by cc bailiffs. During the pandemic 812 possessions have taken place.

                Based on normal numbers, that’s about 3 - 4 weeks work in normal times.

                Because of other government initiatives, there have been virtually no mortgage possession hearings at all, so that bailiif workload is also missing.

                Bailiffs have to send letters with 2 weeks notice, so you’d expect that any backlog could be clear in a couple of months.

                That assumes my thinking about the backlog at the start of the pandemic is correct, of course.

                Going forward, any claim made before August 2020 requires a reactivation notice, so any claims made before that date where no possession order was made are now invalid unless reactivated. Since the process was introduced to the end of March, 5,061 reactivation notices have been received.

                There could be some additional notices received in April (after which they’re no longer valid), but as 798 were received Jan to March, there probably aren’t that many.

                During the pandemic, there have been about 16-17,000 new possession claims (it's hard to be sure because there was a cut off in August, but the figures are published for July to September). Add that to the reacitivated cases, and there are about 22,000 possession claims in the court system.

                That's fewer than the number the courts normally dealt with in a quarter and would usually result in about 8,000 repossessions (with twice as many warrants issued).
                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


                  #23
                  Thanks JpKeats.

                  Comment


                    #24
                    Originally posted by jpkeates View Post


                    That's fewer than the number the courts normally dealt with in a quarter and would usually result in about 8,000 repossessions (with twice as many warrants issued).
                    Thanks, this is useful. I am only about send my warrant paperwork now. Could I assume it will take about 8 weeks for the eviction team to give me an eviction date?

                    Comment


                      #25
                      That would have been my expectation before the process was halted, and it will probably be different in different parts of the country.

                      If your warrant is one of the few that are allowed to proceed during the general stay, there's no reason not to hope it might even be sooner.
                      But county court bailiffs are a law unto themselves.
                      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


                        #26
                        Originally posted by jpkeates View Post
                        That would have been my expectation before the process was halted, and it will probably be different in different parts of the country.

                        If your warrant is one of the few that are allowed to proceed during the general stay, there's no reason not to hope it might even be sooner.
                        But county court bailiffs are a law unto themselves.
                        jpkeates , no, my possession order is based section 21 and can only proceed to eviction when the ban lifts. I called the courts today to get some details, and the lady on the eviction team, was kind enough to explain the time scale. She is said it is currently 8 weeks, and they are also now hoping to recruit temp staff to deal with backlogs. But with current situation it is 8 weeks from 31/05...

                        anyway I have sent the paperwork and cheque to the courts....and now it is a waiting game

                        honestly I am not hopeful, with new variant doing its round....there may be a u turn on the lifting of the ban.

                        Comment


                          #27
                          Hello OS7

                          Does it mean they will evict within 8 weeks from 1st June?

                          Comment


                            #28
                            Originally posted by Perce View Post
                            Hello OS7

                            Does it mean they will evict within 8 weeks from 1st June?
                            8 weeks to get a date for eviction....I guess then there will be 2 weeks notice and then another 10 days if tenants reports COVID symptoms. My tenants are family of 4 - I guess if each of them report COVID symptom one after another it would be another 40 days on top of the 10 weeks......I am not hopeful at all...

                            Comment


                              #29
                              OS7

                              This scenario does not solve their problem. Judging how they dealt with ccj they will take an action earlier. They seem to wait until the last minute and then act.



                              Comment


                                #30
                                Perce

                                Hi just to update,

                                I received an email from court and following that a phone call as well. The email said :The warrant which I applied on Friday (posted on Friday) has been processed today and passed to bailiff section.

                                The phone call was from bailiffs department asking me if i wish to escalate as soon as the ban is lifted or do i have preferred time frame - i was quite surprised by this phone call and question. I said i would like to escalate as soon as the ban is lifted, at the point the lady who spoke to me said, they will book this in the diary and get me a date soon!!! I guess it is happening...

                                My query is do i have to inform the letting agents and tenants that warrant has now been issued- and we are just waiting for a date for eviction. I quite like my tenants to leave prior to eviction and want to give as much notice as possible to bailiff action - however in the last 5 months i don't think my tenants have made any progress with moving apart from going on the council list for a social housing. Social housing team has been in touch with me for the past month, querying and asking if I would use bailiff action. I have always said it is my intention to get possession of my property and if they don't move by 31/05, bailiff action may be initiated. So what do i do now- do I give notice or do i just keep quiet until a date has been booked.

                                Comment

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