It is once again the time of year for travellers to move around the country, often moving to the following types of places: Car parks, Sports fields, Privately owned land, Parks and open spaces
Travellers...
Wed, Jun 19, 2019 12:30 PM – 1:30 PM BST
This webinar is for landlords, legal professionals and property agents and will run through the eviction process for residential tenants.
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Section 21 evictions are being reviewed by the government, with a view to removing them from English and Welsh Law. James Brokenshire, the Housing Secretary commented that Section 21 evictions were one...
A fifth of the UK population now lives in rental accommodation. The Fitness for Human Habitation Act came into force just last week. This new Act is designed to ensure all rental accommodation meets certain...
Rent repayment orders are a relatively new phenomenon, they occur when a First Tier Tribunal finds in favour of a tenant because a landlord hasn’t fulfilled their obligations, these obligations can include...
With more than 17,000 UK students facing rent arrears what should landlords who target this tenant be doing to mitigate the risk? Statistics state that the number of students that have been evicted from...
It has just been announced that the Government are holding a consultation on the enforcement of possession orders.
At present there are two routes to possession; the High Court route and the County Court...
The Government looks set to introduce a compulsory redress scheme for private landlords.
The redress scheme will enable tenants to complain through a ‘housing complaints resolution service’ allowing...
What is the best method to remove trespassers from a doorway within the curtilage of a non-residential property together with their belongings? My client (local authority) owns the freehold of the premises.
The government confirmed last month that Tenant Fees Bill stipulates that the total deposit that can be taken from a tenant paying up to £50,000 in rental over a 12-month period is being capped at a maximum...
Can legal costs be recovered from the tenants using Money Claim Online?
You can claim the court fee costs but unfortunately not any other legal fees. The nature of the small claims court is that it is...
When instructing High Court enforcement agents to undertake a residential eviction it is important to understand the main restrictions that are set out by law, so that you as a landlord can manage your...
On 7th November we held a webinar covering residential evictions, below are a selection of questions we were asked along with our answers.
What are the grounds a tenant can request the Court to delay eviction?
The taking control of goods regulations 2013 outlines what can and cannot be taken control of as part of a controlled goods agreement. You can view the complete legislation here.
Once a debtor has signed...
With the festive period drawing closer and people thinking about what to buy their loved ones, there is one gift that will be unwelcome, namely squatters.
Over the holidays every year we see a significant...
There are calls for landlords to carry out an annual property MOT on all properties they rent. The MOT would be similar to those carried out on cars and would give tenants peace of mind when renting a...
This article will cover the steps landlords can take if they experience antisocial behaviour on their property.
Antisocial behaviour can range from late night loud music to damaging property or threatening...
Rapid eviction of tenants from a residential property:
This webinar run by The Sheriffs Office is for landlords, legal professionals and property agents and will run through the eviction process for residential...
Selective licensing is a location-based government provision that requires landlords in selected areas to hold licenses that enable them to legally rent their property. If your property is in an area that...
Currently, there is a nationwide campaign headed up by Generation Rent and supported by Salvation Army and Crisis amongst others. The campaign has over 50,000 signatures so far calling for section 21 to...
Many people threaten bankruptcy with a Statutory Demand but few rarely see it through as Robert rightly says the chances of getting what you're owed are slim to none.
Also, the average costs for a solicitor to draw up a Stat Demand are circa £400 whereas to petition for bankruptcy will see you having to find a further £2,000 or so.
We would always recommend obtaining judgment in the County Court via MCOL. This will give you 6 years to decide how best to enforce it if it is not repaid with several options at your disposal. It may also be that in the 6 years the debtors circumstances change and they need the judgment to show as satisfied on their credit rating for a mortgage, loan or finance etc.... Read More
This is not uncommon but it will often take a good few months for people to 'pop up' again.
We spend a small fortune on tracing software and our in-house trace department would usually expect to wait 3 months before somebody appeared on the systems again.
As Neil says, you can do a fair amount of research yourself especially on social media. Facebook, Linked In, Twitter and other sites will often provide decent info, which whilst may not give you an address it can be cross referenced against any tracing info and may confirm one.
We're happy to undertake a free trace for any Property 118 member.... Read More
We regularly see Judges in the County Court allow what we consider to be paltry amounts as an arrangement to settle a judgment.
I would advise your best bet is to do your research on the defendant, advising the Judge of any assets you believe they have and giving him details any financial details you have. Defendants will always try to look like a man of straw.
It is worth noting that even if a payment arrangement is agreed, if they break it the judgment becomes enforceable immediately. Accordingly, you may wish to act fast and if the remaining sums due are over £600 you could use an HCEO like us.... Read More
The government has decided to increase the 18 month period to 36 months, for both of the scenarios set out above, as the most appropriate way to provide additional support. This change gives extra time to those who are moving home in challenging circumstances to rearrange their affairs.
The 36 month time period will commence from 25 November 2015 for those who had sold a previous main residence prior to the Spending Review and Autumn Statement 2015, in order to provide additional transitional support.
I am currently purchasing a property for main residence but keeping my old property also and should complete by 31st of this month.
Does the 2nd paragraph in the SDLT summary above mean that I will have to pay the additional 3% as it is after 25 Nov 2015?... Read More
Hi Gareth, reporting should really be within 3 days of a visit but this will depend on each HCEO company their processes and staffing.
The reason 3 days is sensible is because this will allow any response from the debtor to be included in the report. You are the client, so yes, get onto them.
Unfortunately, the author (an anti-eviction solicitor) is misinformed and has not read the recent Guidance Notes issued by the Senior Master of the High Court.
I am out of the office at present but when in, shall post the details. I will also write my own article on the subject debunking his article.
What I can confirm is that they state that form N293A is perfectly legal to use in such circumstances.... Read More
10:36 AM, 20th September 2016, About 8 years ago
Many people threaten bankruptcy with a Statutory Demand but few rarely see it through as Robert rightly says the chances of getting what you're owed are slim to none.
Also, the average costs for a solicitor to draw up a Stat Demand are circa £400 whereas to petition for bankruptcy will see you having to find a further £2,000 or so.
We would always recommend obtaining judgment in the County Court via MCOL. This will give you 6 years to decide how best to enforce it if it is not repaid with several options at your disposal. It may also be that in the 6 years the debtors circumstances change and they need the judgment to show as satisfied on their credit rating for a mortgage, loan or finance etc.... Read More
11:26 AM, 2nd September 2016, About 8 years ago
Hi Jason,
Sorry to hear of your tenant woes.
For info, I wrote an article on the subject earlier in the year which should be of some help:
https://www.property118.com/disposing-of-goods-left-in-properties-after-eviction/83626/... Read More
9:33 AM, 28th April 2016, About 9 years ago
This is not uncommon but it will often take a good few months for people to 'pop up' again.
We spend a small fortune on tracing software and our in-house trace department would usually expect to wait 3 months before somebody appeared on the systems again.
As Neil says, you can do a fair amount of research yourself especially on social media. Facebook, Linked In, Twitter and other sites will often provide decent info, which whilst may not give you an address it can be cross referenced against any tracing info and may confirm one.
We're happy to undertake a free trace for any Property 118 member.... Read More
21:08 PM, 22nd April 2016, About 9 years ago
Reply to the comment left by "ashley peters" at "22/04/2016 - 21:02
... Read More
20:43 PM, 22nd April 2016, About 9 years ago
Reply to the comment left by "ashley peters" at "22/04/2016 - 20:20
... Read More
11:34 AM, 22nd April 2016, About 9 years ago
Jamie makes a good point.
I wrote an article on it last year as we found it difficult to manage expectations on such an emotive subject.
http://www.property118.com/the-challenges-of-recovering-rent-arrears-from-residential-tenants/77625/... Read More
15:20 PM, 21st April 2016, About 9 years ago
It's a tricky one I'm afraid.
We regularly see Judges in the County Court allow what we consider to be paltry amounts as an arrangement to settle a judgment.
I would advise your best bet is to do your research on the defendant, advising the Judge of any assets you believe they have and giving him details any financial details you have. Defendants will always try to look like a man of straw.
It is worth noting that even if a payment arrangement is agreed, if they break it the judgment becomes enforceable immediately. Accordingly, you may wish to act fast and if the remaining sums due are over £600 you could use an HCEO like us.... Read More
9:05 AM, 22nd March 2016, About 9 years ago
Reply to the comment left by "Luke P" at "21/03/2016 - 22:31
... Read More
16:58 PM, 18th March 2016, About 9 years ago
Get some prices on eviction first though as some agents just add fees to the charges of the actual HCEO.
As a guide we would usually charge £395 plus VAT for a standard eviction. We've heard of some charging £800 plus.... Read More
16:11 PM, 16th March 2016, About 9 years ago
Here's a question.
In the SDLT summary it states:
The government has decided to increase the 18 month period to 36 months, for both of the scenarios set out above, as the most appropriate way to provide additional support. This change gives extra time to those who are moving home in challenging circumstances to rearrange their affairs.
The 36 month time period will commence from 25 November 2015 for those who had sold a previous main residence prior to the Spending Review and Autumn Statement 2015, in order to provide additional transitional support.
I am currently purchasing a property for main residence but keeping my old property also and should complete by 31st of this month.
Does the 2nd paragraph in the SDLT summary above mean that I will have to pay the additional 3% as it is after 25 Nov 2015?... Read More
14:49 PM, 28th January 2016, About 9 years ago
Hi Gareth, reporting should really be within 3 days of a visit but this will depend on each HCEO company their processes and staffing.
The reason 3 days is sensible is because this will allow any response from the debtor to be included in the report. You are the client, so yes, get onto them.
Kind regards, David Carter... Read More
13:25 PM, 28th January 2016, About 9 years ago
Reply to the comment left by "Ann Large" at "28/01/2016 - 12:49
... Read More
19:29 PM, 19th January 2016, About 9 years ago
Reply to the comment left by "Gareth Wilson" at "19/01/2016 - 18:56
... Read More
18:38 PM, 19th January 2016, About 9 years ago
I'm surprised at this as it would seem to me they are missing out on an opportunity to recover enforcement fees in the matter.
However, despite some fancy websites there a few new small HCEO companies in the market that lack coverage and coverage.
We would of course be happy to assist if they fail to deal with the issues you have raised.
Kind regards, David... Read More
12:13 PM, 18th January 2016, About 9 years ago
Reply to the comment left by "Gareth Wilson" at "18/01/2016 - 11:27
... Read More
10:47 AM, 18th January 2016, About 9 years ago
Reply to the comment left by "Gareth Wilson" at "17/01/2016 - 16:53
... Read More
10:39 AM, 18th January 2016, About 9 years ago
Reply to the comment left by "Chris Byways" at "17/01/2016 - 14:58
... Read More
12:09 PM, 17th January 2016, About 9 years ago
Reply to the comment left by "Chris Byways" at "17/01/2016 - 11:01
... Read More
15:23 PM, 15th January 2016, About 9 years ago
Reply to the comment left by "Nearly Legal" at "07/01/2016 - 11:58
... Read More
10:36 AM, 7th January 2016, About 9 years ago
Unfortunately, the author (an anti-eviction solicitor) is misinformed and has not read the recent Guidance Notes issued by the Senior Master of the High Court.
I am out of the office at present but when in, shall post the details. I will also write my own article on the subject debunking his article.
What I can confirm is that they state that form N293A is perfectly legal to use in such circumstances.... Read More