Changing locks

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    Changing locks

    Hi All
    I have been to the county court on the 25th April and was granted a possession order giving the tenant 14 days to leave the property. I have however not received any information from the court since. I have spoken to the tenant and she has told me she has not had any thing through from the courts and is not moving out. She was present at the hearing and did not appeal or argue money owed and said she would be moving in with her mum until the council rehouse here and her son.
    I will be going down the courts to find out where I stand tomorrow.
    Can anyone advice as to whether I should of heard from the courts.
    Also I would like to make life as difficult as possible ( actually get her out). Can I get the boiler and electrics etc condemned by electrician, start decorating and have people around there working all hours or anything else like that.
    Thanks Steve

    #2
    Originally posted by stevedunkgrass View Post
    ...... Can I get the boiler and electrics etc condemned by electrician, start decorating and have people around there working all hours or anything else like that....Thanks Steve
    Aye, nae problem, go ahead..(as in can I drive down M4 @ 123mph.. well, yes, I CAN but I MAY not...)

    But expect to be taken to court for harassment, a CRIMINAL offence...(i.e. could end up in jail for that...)

    Cheers!
    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


      #3
      Thanks theartfullodger
      Any suggestions on how long it might take to get the balliffs in and should I go for high court baliffs thanks

      Comment


        #4
        discretionary

        Originally posted by stevedunkgrass
        Thanks theartfullodger
        Any suggestions on how long it might take to get the balliffs in and should I go for high court baliffs thanks
        The use of HCEO is Discretionary and Judges can and do refuse to transfer up

        http://www.landlordzone.co.uk/forums...the-HCEO-route

        7.4 REFUSAL
        Fed up with nitpickers and rivet counters...

        Comment


          #5
          Originally posted by stevedunkgrass View Post
          Thanks theartfullodger
          Any suggestions on how long it might take to get the balliffs in and should I go for high court baliffs thanks
          By all means if you want to pay the fees, and don't mind supervising your tenants while they remove the furniture days later.
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

          Comment


            #6
            I will go down to the courts and see how long for cc bailiffs and if over 4 weeks will pay and get high court enforcement in as I'm owed close on 6 grand already.
            If I do get HCEO in I think for my own safety I might ware a go pro. Love posting vids on facebook.

            Comment


              #7
              Just a quick update I have applied to the county court to get the possession order moved up to the high court.
              After waiting 2 weeks for them to deal with it the judge has refused to have it raised to the high court. Would mind as much but the judge has not given any reason for refusal. The HCEO company that I have used cant believe it as apparently its the norm and also money owed is over £5000. The lady in the flat wants out but cant get rehoused until bailiffs kick her out. Shes in more debt, I'm owed more money and the stupid judge couldn't even be bothered to give a reason for refusal.
              Anyone know what the best course of action is as I thought that because the amount was over £5000 it had to be dealt with by the high court.
              Last time I asked about getting cc bailiffs had to email them and there was an 8 day wait just to get a reply from the email.

              Comment


                #8
                Ok
                I have been down to the courts and applied for a warrant but also have wrote a letter to the judge asking for more info on why he refused it to go to the high when it is only them that can deal with the debt.
                The chap I spoke to at the desk said it was unusual to refuse but did say it might have something to do with a resent change in the law which means councils have to act on a possession order and not wait for bailiffs.
                I have searched online for these changes but cant find anything. Does anyone know or have a link to these changes
                Also phoned the council regarding this and they are getting a manger to ring me tomorrow. Thanks

                Comment


                  #9
                  This looks really odd. As you say, a debt of over £5,000 can only be enforced by high court bailiffs.

                  Comment


                    #10
                    Send bailiffs to collect payment

                    Read on

                    https://www.gov.uk/make-court-claim-for-money/overview
                    Fed up with nitpickers and rivet counters...

                    Comment


                      #11
                      Hi I have read through and looking back the forms sent in to get leave of county court where N244 application and PF92 order. Looking on the link you have given it is a N293A form for debt. Maybe this should have been also.
                      Any one know of the new laws that have come in regarding councils having to act on a possession order and not to advice to wait for bailiffs, just thinking it should be looked into as councils may be trying there luck with people like me who don't know what there doing, thanks

                      Comment


                        #12
                        Ok I think I have found what I am looking for and dippy me it is on the first page of this forum Titled

                        Brandon Lewis issues eviction warning to councils

                        Just had a quick read and it seems to be referring to the

                        Homelessness Code of Guidance for Local Authorities (2006)

                        Had a brief look and I think that this refers to the fact that the councils have to do all they can to prevent people becoming homeless and have to make provisions for this.
                        The councils have been advising people that they will not be helped if they leave before the bailiffs evict them. This leaves them homeless. This has been the wrong practice as by waiting for bailiffs people are being made homeless before councils will act when the councils were advised in this act to prevent no create homelessness.
                        Looking forward to speaking to the housing manager tomorrow now ive got a little bit of ammo.
                        Thanks Steve

                        Comment


                          #13
                          I'm sure there was something about this in the most recent RLA magazine; I half remember reading it in the bath...next time I'm upstairs I'll have a look and see if I can dig it out.

                          Comment


                            #14
                            Changing locks

                            I have a tenant who has not moved out after a possession order date.

                            If I changed the locks can she legally break in.

                            If she cant then she would be deemed homeless and council would have to find her emergency accomadation.

                            I know I could be in trouble but at least she would be gone.

                            Thanks

                            Comment


                              #15
                              You would be advised not to change the locks at this stage. It is still her home and yes, she could break in. Apply for bailiffs and get her out legally.

                              You really don't want to be facing a prosecution for illegal eviction, do you?
                              '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

                              Comment

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