Thank you to all who took part in what turned out to be our most highly attended webinar ever.
With almost 600 registered, you can imagine there were many questions. We will answer these in a series of...
The Housing and Planning Act 2016 http://www.legislation.gov.uk/ukpga/2016/22/contents/enacted was approved by Parliament on 12th May and there will be a number of changes affecting landlords and property...
The Ministry of Justice has released the statistics for possession claims for the first quarter on 2016.
Overall, there is a slight decrease in the number of possession claims, but the really shocking...
My fellow Director Chris Badger will be hosting a complimentary webinar on Evicting tenants on Thursday 23rd June at 12.30pm.
The webinar lasts an hour and you will have the opportunity to ask questions.
We always find that we’re called on more frequently to remove travellers during the spring and summer. With this in mind, The Sheriffs Office will be running a webinar on the removal of travellers...
Following our recent article on the new process for evicting tenants from residential property under a High Court writ of possession, we now have more information to share with you.
In her recent practice...
The Civil Procedure Rule Committee subcommittee on court forms has announced a new form for the issue of a writ of possession against occupiers other than trespassers.
This would include former tenants...
With the Cheltenham Gold Cup taking place this week, I would like you to spare a thought for horses that do not lead such a life of prestige and comfort as those thoroughbreds.
Many horses are abandoned...
Section 42 of the County Courts Act 1984 makes provision for a judge to give permission for the transfer up of judgments and orders from the County Court to the High Court for enforcement.
This is used...
As you may well know, from 1st February 2016 private landlords are required to check that their tenants have permission to live in the UK and therefore have the “right to rent”.
Right to rent
This...
The Sheriffs Office asks you to join our complimentary CPD accredited webinar which covers all you need to know about squatter and activist eviction under a High Court writ of possession.
Thursday 25th...
As we launch our new eBook on the eviction of squatters, trespassers and activists from land and commercial property, we take a look at some of the more unusual circumstances we have come across in the...
In most eviction cases tenants and squatters remove everything they own from the property – and sometimes plenty of items they don’t own!
But there are instances where the occupant has disappeared...
This free eBook has been written for commercial landlords, property lawyers, commercial agents and landowners.
Find out all the details on the eviction of squatters, trespassers and activists in our free...
In our last article, which you can read here http://www.property118.com/q-and-a-for-deregulation-act-2015/82396/ we focused on answering questions raised by private landlords regarding the Deregulation...
We recently held a webinar on rapid tenant eviction via HCEO (High Court Enforcement Officer) which included a particular focus on the various eviction notices that need to be served.
Some great questions...
‘The Million Mask March’, the world’s largest protest by the most influential group in the world – apparently. That’s how “hacktivists” Anonymous have not-so-modestly positioned their campaign...
We were asked recently whether High Court Enforcement Agents (HCEOs) were permitted to force entry when conducting an eviction from residential premises.
In the case of enforcing a writ of control (a writ...
We recently hosted a very successful webinar for residential landlords in partnership with Tim Briggs, solicitor and founder of LegalMentor, a tenant eviction company with an impressive near 100% record...
On 1st October 2015, the minimum threshold for a creditor being able to start bankruptcy proceedings against a debtor rose from £750 to £5,000.
This means that a creditor will have to be owed at least...
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