Tenants to Court

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  • Tenants to Court

    When having difficulty with a tenant, we have always tended to go to Court for possession only or to claim the money only.
    We understand that we can go for possession and the money under one County Court Claim.
    Not trying this before, we were wondering what anyone’s views are?
    What are the advantages/disadvantages of going down this route?
    What are the pitfalls?
    What are the benefits?
    If we obtain judgement do we then need to obtain a Warrant of Possession and a Warrant of Execution?
    As a Court Bailiff can gain access for a Possession Order, can he prevent the tenant's 'assets' being removed at the same time to enable the amount owed to us being paid from the proceeds of these 'assets'?
    Any advice would be greatly accepted and appreciated.

  • #2
    I can't answer the points about warrants or bailiffs but I have just been through the court procedure and I recommend it. Last year my tenant was behind with the rent and after accumulating several months arrears had abandoned the rented property. As landlord I wanted two judgements i) official repossession of the property ii) a CCJ against the tenant for the unpaid rent.

    I filed a Possession Claim Online in November ( google for PCOL ) and keyed in all the relevant details using my laptop. I also paid the £100 court fee online using my credit card. I found the procedure and guidance simple enough to avoid the need for a solicitor. The court service posted notification of the date and time of the hearing to both parties. The court hearing took place in mid-December in a County Court. The tenant did not show up so the hearing just involved myself and the judge who asked me what I wanted. I replied that I wanted to ask the court for two judgements (see above). The judge agreed to both, added costs and accrued rent for the CCJ and set a date 14 days hence for the official repossession. I thanked the judge politely and the hearing ended. My case was simplified by the tenant not contesting the judgement and by him leaving the property voluntarily. It sounds as though your situation is different.

    I had two issues with the process.

    First I had to take a day off work to attend the hearing and I lost a day's pay. I could be wrong but don't think there is a way of re-claiming this loss of earnings. As Claimant, you just have to accept this loss. Depending on costs I could have sent a solicitor to attend the hearing in my place. I chose not to.

    Secondly, the hearing did not address or resolve the question of the tenant's protected deposit. With hindsight, I should have spoken to the judge and tried to ask for a third judgement in the same hearing. I didn't and I am now in the position of having to file another claim to try and get the deposit.

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    • #3
      You can apply under S.8 Ground 8 (mandatory) and include Grounds 10 & 11 (discretionary) in your Notice, but can't use the Acclerated Possession Procedure if you are including details of rent arrears that you want the judge to award. That's the difference.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


      • #4
        Originally posted by Mr A M Fish View Post
        When having difficulty with a tenant, we have always tended to go to Court for possession only or to claim the money only.
        We understand that we can go for possession and the money under one County Court Claim.
        Not trying this before, we were wondering what anyone’s views are?
        What are the advantages/disadvantages of going down this route? cannot use accelerated claim so may take longer to get possesssion - benefit is only 1 case and if you are using solicitors lower legal costs (as opposed to 2 seperate claims) - also less court fees
        What are the pitfalls? none specifically - same risks a if there were two seperate claims
        What are the benefits?
        If we obtain judgement do we then need to obtain a Warrant of Possession and a Warrant of Execution? judgment will be for possession and for a money sum - if T fails to leave you need warrant of possession and if they fail to pay a warrant of execution for the debt.
        As a Court Bailiff can gain access for a Possession Order, can he prevent the tenant's 'assets' being removed at the same time to enable the amount owed to us being paid from the proceeds of these 'assets'? I do not think so - the bailiff can use reasonable force on the possession order but cannot on a warrant of execution. I think you would still have the usual risks re enforcementAny advice would be greatly accepted and appreciated.
        see above comments
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


        • #5
          Paul: May I respectfully request that you use a colour other than light turquoise in adding your comments in reply to a poster's query. It is completely illegible on my monitor - unless I use my cursor to highlight it!
          Thanks

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


          • #6
            Originally posted by P.Pilcher View Post
            Paul: May I respectfully request that you use a colour other than light turquoise in adding your comments in reply to a poster's query. It is completely illegible on my monitor - unless I use my cursor to highlight it!
            Thanks

            P.P.
            Aha! Another colour-deficient member. See http://www.landlordzone.co.uk/forums...ad.php?t=15643.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              sorry just didnt feel in a red mood
              PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

              Comment

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