Changes to issuing possession orders to court

[Nix12]

Hi there folks,

Im a long time lurker and avid reader to this excellent site. So have finally plucked up the courage to post my question to the learned. So please be gentle.

I had a question if anyone can help.

I have been advised by my letting agent that they are now UNABLE to "issue possession orders to court" as there has been a change in the process via the court system and I assume that this must be done solely by myself.

I find this very worrying indeed as I honestly feel I do not have the intelligence or the mental determination to complete a section 8 or section 21 and it petrifies me the thought of going to court as I just don’t have it in myself ,unlike the many intelligent folks on here.

I was wondering is this correct ? as it seems strange that the agent on behalf of the landlord can no longer issue possession orders.

I have a fully managed service purely for the fact that I hate any kind of confrontation or general unpleasantness and that’s why I selected the agent - who has on the whole been superb on everything else.

If this is the case are the companies offering there services online-would anyone recommend any company above another ?

Any explaination would be most helpful.

Many thanks

NIX

[JK0]

You don't have to go to court. As long as all your paperwork is in order you can use the Accelerated Section 21 procedure by post. I believe the Section 8 can be done online.

[MSaxp]

I believe there is no issue with an agent issuing a section 21 notice. The notice doesnt need to be signed.

As far as helping with the court process (if there is one), the agent is not allowed to do so, AFAIK it is illegal, unless he is a solicitor

[Nix12]

[QUOTE=MSaxp;410984]I believe there is no issue with an agent issuing a section 21 notice. The notice doesnt need to be signed.

Many thanks for your measured and kind reply Msaxp -

it just what I thought as the notice doesnt need to be signed they only have to issue the notice on my behalf.

Reading through the boards it looks like that I wouldnt even need attend court is that correct ?

So i am slightly confused as to why they says there has been a change to the "court process" which prevents them from issuing possesion orders..very strange I have asked them and all they say it that the court process has changed.


Nix

[thesaint]

The court process has not been changed in recent years. I don't know how far back he means.

The agent can serve both Sec 21, and Sec 8 notices.
The agent can help with all aspects of the court process, they cannot represent you in court though.

[MSaxp]

Can you ask them to point out what in the legislation has changed? Not that it affects your case as I believe that they never could represent you in court.

As far notices are concerned, its only a few line form, not something you cant do yourself. The online application, you have to do, but its not that difficult. The court hearing (if there is one) you have to do yourself, or hire a solicitor. A section 21 has no defence and is just a matter of your paperwork being in order, so normally there is no hearing.

[Snorkerz]

The agent can prepare & serve section 8/21 notices for you.

The agent can also complete the necessary court paperwork. What they can't do is sign on your behalf - the claim is completed in your name and you must sign it. The agent also can not attend court in your place.

The only legislation that may possibly apply is the Legal Services Act 2007 (which restricts these acts to solicitors) but that is hardly new.

There are a number of companies (including mine) that can give you the help your agents seem to have withdrawn.

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The advice I give on this forum is for general information only. You are advised to seek specialist advice. I can provide such help on many tenancy matters including eviction, see www.tenancyservices.co.uk for details

[Nix12]

QUOTE SNORKERZ : The agent can also complete the necessary court paperwork. What they can't do is sign on your behalf - the claim is completed in your name and you must sign it. The agent also can not attend court in your place.

The only legislation that may possibly apply is the Legal Services Act 2007 (which restricts these acts to solicitors) but that is hardly new.

There are a number of companies (including mine) that can give you the help your agents seem to have withdrawn.

Does your company have a website at all Snorkerz I could view? I am hopeful the tenant will vacate by his own accord...but if not a section 21 - will be the next best thing - I have recvd a few quotes for the section 21 process - with one company wanting £875 (whose name escapes me - they advised me that it would difficult and complicated process hence the high fee)!!- Which seems so high to me?


Thanks JK0 -Mxasp-the saint for all your helpful words - it s very strange that they say something has changed - were as you all agree nothing has. And I honestly feel that you guys really do know what you’re on about. Maybe its to much hassle for them ?

Thanks so much - Ill try not to keep worrying myself sick about my tenants and hope that by Jan 2013 they would have vacated.

Thanks all-have a lovely xmas all

NIX

[MSaxp]

Snorkerz has a link in his signature for his company. Very knowledgeable chap.

£875 sounds ridiculous. Its a thing you can do yourself and there is no defense for it, if the paperwork is in order. If it would make you feel better, you can employ someone to look and prepare the paperwork (i.e. like snorkerz). However, you still have to appear in court yourself. Any chance the £875 included a solicitor for the court? Still a waste of money IMHO.

May I ask why you want to evict your tenant? Is he giving you trouble?

[daveg]

If you cant see the link in snorkerz signature google "tenancyservices" or call 0800 270 7747

[Nix12]

I basically have had enough of the consent phone calls in the middle of the night complaining about silly things like not having enough money to put credit on the elc and gas meters and expecting me to credit the meter for him.

I have been called at most silly hours like once called at 4am! to complain that the roof was leaking when it was condensation on the window which dripped onto the window ledge!!..etc


Or the calls at 2.30am to say that the light bulb had gone

Or the call at 11 pm to ask to change the carpet as it was cold

Etc
Etc
Etc

I have become such a bag of nerves I am scared to turn my phone on and find myself just literally worrying myself sick to the point there have been times I couldn’t eat due to worry – let alone sleep thinking – is it going to ring again- what ever could be wrong now ? …all this in property I lived in for 15 years with my family with out any issues..

So hopefully he will move out and I can get my sanity back

Sorry MSaxp - I thought going down the Section 21 route didnt require a personal court visit as long as deposit was under scheme and all the dates were in order ? are you saying I would have to go to court ?

[MSaxp]

I am saying it normally wouldnt. but if for whatever reason the court decides otherwise, you will have to turn up.

No offense meant, but it sounds like this business is not for you. I'd say the same about myself to be honest. Worry too much.

I understand the tenant is a pain. What makes you think they will leave willingly? You mean after you serve the notice, or has he suggested he is looking to leave?

[Nix12]

I am saying it normally wouldnt. but if for whatever reason the court decides otherwise, you will have to turn up.

No offense meant, but it sounds like this business is not for you. I'd say the same about myself to be honest. Worry too much.

I understand the tenant is a pain. What makes you think they will leave willingly? You mean after you serve the notice, or has he suggested he is looking to leave?

No offence taken at all

I have become a accidental landlord not through choice.

I would totally agree with you - I feel a person needs to have nerves of steel to a point to be a LL and not take it to heart after all its business.

The tenant has stated he will leave as soon as he finds somewhere else so all being well and good.

Thanks for your kind response - I am surprized that you would worry looking at your posts you seem very knowledgable.

But the worrying is only due to this one gent the past tenants were all lovely and I have always worked with them.

I feel that this forum is a wonderful thing as it helps to think it may be bad but others have far worse situations to deal with. ( not that I take comfort from others difficulties at all )

But it also lets you take support and strength from others who have been there and done it a 1000 times ! Maybe I can beome like that one day.

NIX.

[thesaint]

Why are you taking calls in the night from your tenants?
None of my tenants have the their landlords telephone number.

[Nix12]

Why are you taking calls in the night from your tenants?
None of my tenants have the their landlords telephone number.

Its not through choice that I take these calls I have told him countless times to contact the LAgent..who is great.

But still no joy. I suppose I get paniced into thinking something terrible has happended and answer.The LAgent has also asked that only they are contacted. But he has my number - not much I can do about that and he calls - when I asked him why all he said was it takes them ( L/Agent) ages to sort things out ( which untrue ).

My friend says the only reason is cause Im stupid enough to answer and jump in my car drive 19 miles in the middle of the night to the property as soon as I am called.

When the LAgent would just log the call and make arrangements for contractor to visit. The worst thing is when ever I get there its never anything important or that couldnt be resolved easily.

As MSaxp says worrying doesnt help. And what he said above is totally correct.