A landlord can concurrently apply for a possession order and leave to transfer up to the High Court for enforcement. This can and should be done if you feel your property is at risk from tenants who may...
On 19th October we hosted a webinar on commercial property, we had over 170 people attend. We’ve compiled the second part of the Q&A for you here.
If CRAR has taken place with control of goods...
This act was introduced, as although most tenants are happy with their accommodation, there are still some who have what might be termed rouge or criminal landlords who repeatedly fail to carry out basic...
At The Sheriff’s Office we often have clients ask us to help with post eviction clear ups. Our team can ensure that correct steps are taken not only to clean up, but to re-secure the site and ensure...
A CPD accredited briefing for property lawyers, commercial agents and local authorities on regaining possession of commercial property.
Wednesday 27th September 12:30-1:30
The Sheriffs Office is a leader...
There has been an appeal going through the courts regarding the notice requirements to residential tenants when landlords apply for a writ of possession to evict.
CPR 83.13 – sufficient notice
The...
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...
Under the Taking Control of Goods Regulations 2013, which came into effect in April 2014, a notice of enforcement must be sent to the enforcement address.
Notice of enforcement
This is normally the address...
In May this year, Brentwood in Essex suffered a number of unlawful traveller encampments.
In the encampment on Wates Way in Brentwood, the travelers posted a notice threatening to prosecute anyone who...
During our recent webinar on the eviction of private tenants, we received a number of questions relating to tenant deposits.
In this article, our guest presenter Yezdan Izzet from Bolt Burdon answers all...
A CPD accredited briefing for property lawyers, commercial agents and local authorities on how to remove travellers from land under a High Court writ or Common Law.
The Sheriffs Office are authorised...
A briefing for private landlords, property solicitors and letting agents on how to rapidly evict tenants from residential property via High Court Enforcement Officers (HCEO).
The webinar is run jointly...
Since 1st December 2016, landlords who knowingly let to a tenant who has no right to rent in the UK are committing a criminal offence.
Under the Immigration Act 2016, landlords and agents not carrying...
The July to September 2016 landlord possessions data from the Ministry of Justice continues to show an extremely long delay for the enforcement of possessions orders by County Court Bailiffs (CCBs).
The...
Last chance to book onto our CPD webinar
Rapid eviction of tenants from residential property
Wednesday 23rd November, 12:30 – 13:30
If you haven’t yet booked your place, we are running a complimentary...
Local authorities (LA) have traditionally used a possession order from the County Court to remove travellers, but many are now obtaining an eviction order from a Magistrates Court and using their own staff...
With the release of data from the Ministry of Justice (MoJ), the Council of Mortgage Lenders (CML) and the National Housing Group, we take a look at the current arrears and possession trends in the property...
The Supreme Court has ruled that an occupier of a private residence cannot invoke Article 8 of the European Convention on Human Rights (ECHR) as a defence when the private landlord seeks possession.
Article...
Last minute changes to the Immigration Bill to give greater protection to landlords were approved in May, shortly before the bill received royal assent.
Right to rent
Section 22 of the Immigration Act...
Last night in the House of Lords, The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 was approved. The new fees, which see an increase in the...
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