Introduction to High Court Enforcement:
This webinar is for legal professionals and businesses who would like an introduction to the High Court enforcement process.
Wed, Sep 12, 2018 12:30 PM – 1:30...
On 10th and 11th September we are sponsoring the IRRV Severnside and South West Association enforcement forums alongside Excel Civil Enforcement.
10th September – The Aztec Hotel in Bristol
11th September...
With the summer months meaning an increase in travellers moving from place to place we thought we’d look at how you can protect both property and land from unwelcome visitors.
Secure doors and windows...
There are approximately between 200,000 and 300,000 travellers living in the United Kingdom with around 60,000 who live in caravans on both authorised and unauthorised sites. If you do have problems with...
The government intends to hold a consultation on tenancy agreement lengths, with the proposal setting out the shortest term being three years with a six-month break clause.
As it stands around 80% of tenancies...
Right to rent checks were first introduced in February 2016 meaning before a landlord rents a property, they must have carried out checks to ensure that the tenant or tenants have the right to rent in...
If your tenant has damaged your property, you should be able to use the deposit to claim back the cost of the damage.
The first step you should take is to negotiate with the tenant and come to an agreed...
The first question to ask is do you have a clause in your tenancy agreement prohibiting pet ownership at the property?
Why have a clause?
Landlords commonly will have a clause prohibiting pet ownership...
Four years ago in 2014, Part 3 and Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCE 2007) came into force, supported by the new Taking Control of Goods Regulations 2013, the Taking Control...
When completing paperwork for court, you must always ensure that the correct entity is being named.
Although it may seem obvious, suing the correct entity is not always as easy and straightforward as it...
After a smooth successful pilot project, the LIP (litigant in person) portal is set to go to public beta mode as soon as next Monday 26th March This will mean that the service will be available to all...
Questions from webinar on rapid eviction of tenants from residential property on 22nd Feb 2018.
What are your costs for obtaining possession (other than court fees) and how does it compare with the county...
BBC iPlayer is now showing Series 7 episodes 1 to 4 of ‘The Sheriffs Are Coming’.
Click here to view
This series includes the work of The Sheriffs Office and it is a look at the work of sheriffs...
As being a landlord becomes less financially lucrative, with higher taxes and more regulation, there are more properties coming to market with existing tenants. We’ve put together the things you should...
Here at the Sheriffs Office we have been pleasantly surprised at the speedy turnaround of writs of possession over the past few months. This can be a huge advantage to landlords for whom receiving rental...
On 18th January we hosted a webinar on an introduction to High Court enforcement, we had over 127 people attend. We’ve compiled the Q&A from those who attended.
If a defendant has moved after...
The past few years have seen the rise in what is known as the accidental landlord.
These are people that have ended up renting their property as a result of circumstance rather than design. They may have...
Rapid eviction of tenants from residential property
Webinar hosted by the Sheriffs Office
Thu, Feb 22, 2018 12:30 PM – 1:30 PM GMT
In this CPD webinar we will cover the eviction of tenants from residential...
Landlords who need to evict tenants will need to serve notice correctly and then obtain a possession order from the court before they can proceed.
In this article we look at the pros and cons of choosing...
The introduction of Universal Credit has been a hot topic for the various landlord forums over the past few months. Universal Credit is replacing the myriad of benefits currently available and replacing...
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