What's the benefit of using the professionals for the court part of the eviction?

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  • What's the benefit of using the professionals for the court part of the eviction?

    We used LandlordAction to serve the notices on our tenants, as we'd read on here it was important that you get that bit right or it could cause problems in court.
    Presuming they've served the notices correctly, what is the benefit of paying the extra £400 for an 'advocate' at the hearing? (As I understand it the court charge is around £150, but LA.com charge £565)
    I have never been through this process before, but given that our tenants are over 5mths in arrears, and low earners, I can't see them catching up before the hearing.
    If the tenants bring a defence does it get argued there and then? I can't think of any basis that they could, but wouldn't want to leave myself vulnerable for the sake of saving a few quid, but obviously pretty out of pocket already, so any savings are appreciated!!

    Thanks in advance,
    Becki

  • #2
    1. How conversant are you with the text/operation of the Housing Act 1988?
    2. How good are you at thinking 'on your feet' when presented with an unexpected turn of events?
    3. How dispassionate are you when dealing with your own business affairs (and any errors that you made) in public?
    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).

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    • #3
      1. Not very
      2. Reasonably
      3. Reasonably, but possibly not so much if they're lying!!

      Comment


      • #4
        Originally posted by caddyrj View Post
        1. Not very
        2. Reasonably
        3. Reasonably, but possibly not so much if they're lying!!
        In that case, I think you have answered your own question!
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          do i need a solicitor or advocate to get a court order toevict someone

          No, in a word. nine times out of ten the tenant doesnt turn up in any event and disappears before the bailiffs turn up. if theyve got nowhere to go and are waiting for the borough to help them they may wait till the bitter end and prefer toi be housed by the LA. Very very occasionally the money will b found at the last minute, but highly unlikely other than when the place is being let on favourable terms; ie under rent act 1977

          Comment


          • #6
            "Nine times out of ten" leaves 10% : quite a high risk.
            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
              Yes but of that 10% when they turn up 9 times out of 10 they dig a bloody big hole for them selves when the judge asks why the rent wasnt paid and pisses the judge off with their lame excuses.

              I think that takes it down to 1% now.

              Comment


              • #8
                Originally posted by johnboy View Post
                Yes but of that 10% when they turn up 9 times out of 10 they dig a bloody big hole for them selves when the judge asks why the rent wasnt paid and pisses the judge off with their lame excuses.

                I think that takes it down to 1% now.
                Tell us some of the excuses? I could do with a laugh.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                • #9
                  What's the benefit of using the professionals for the court part of the eviction?
                  The "Professionals" get paid a fee & are pleased with this.. 'tis part of the delights of Capitalism...

                  btw a statistic (from Sim @ Legal4landlords) 96% of tenants leave after receiving notices - and if it gets to court almost no tenant turns up. I have no relationship with L4L...

                  Cheers!

                  Lodger
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                  • #10
                    It depends on your circumstances, doesn't it. If you are a L with one house, and a massive mortgage and need possession 100% guaranteed, then it is worth paying the money.

                    If you have 100 houses and go to court 5 times a year with a 90% probability of the T not turning up then it's not worth paying.

                    If you do it with a brief then you will know what happens and be able to go it alone next time.

                    Comment


                    • #11
                      Originally posted by mind the gap View Post
                      Tell us some of the excuses? I could do with a laugh.

                      1 I had to pay my credit card so didnt have the money.

                      2 Didnt think the property was worth the rent cos it needed decorating.

                      3 The council didnt pay because they thought i was working. (he was)

                      Comment

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