Court warrant issued - now what?

johnjameson

N325 form filled in
I've now been sent a letter from the court saying that a 'warrant has been issued'

The letter gives a date. BUT... nothing else... nothing is actually said
I found myself turning the letter of many times, looking for the missing extra paper

Am I missing something? The letter doesn't say anything apart from saying a warrant has been issued

When do I get a date!? What's the next step?

Thanks


JJ

G_M

So the bailiffs have been given the warrant to execute, and a date for execution. They may execute on or after that date.

If you phone the executing court you can talk to the bailiffs who may give you an idea of execution date. In general, you need to contact bailiffs at 8:30 /9:00 because they are out 'bailiffing' after that.

johnjameson

@g_m, thanks for the reply

i showed someone and they told me that another letter would be sent giving a date?

+ the tenants needs a document that they can take to the council to get emergency accommodation
(the tenant has paid all court costs + bailiff costs already)

let me know what you think

thanks

G_M

I think your only concern should be to find out when the tenancy will end and the property will be vacant.

You can then plan any renovation required, and re-let it.

Call the bailiffs and ask.

johnjameson

i'll do that. thanks

johnjameson

ok... so i called up the court
they said that it will take until early january to get a bailiff date

forgive my language, but: !!!!!!!

i'm a complete newbie and beginner the whole process
i got loads of advice filling out the forms
advice received on this forum was absolutely great

the forms look deceptively simple - which they are NOT

no mistakes were made filling in the forms. every single form was sent in or responded to immediately with no delay...

but i still have to wait??

i'm lucky. i have a good tenant. she'll pay the rent until she gets evicted (and then will go onto the council list)

someone else in the same situation would be losing thousands of pounds in mortgage payments

am i missing something?

AFK_Matrix

No your not missing something, its just baliffs are busy and they can take months to appoint. It has nothing to do with how you filled the paper work out, your just going to have to wait I'm afraid. You are very lucky indeed though if your tenant is going to still pay rent though!

Kynthia

I had to wait 10 weeks with a non-paying tenant! I think someone once mentioned an alternative, although I can't remember what it was other than it was more expensive. However as your tenant is paying rent then you don't need to worry.

NiallB

Kynthia wrote: »

! I think someone once mentioned an alternative, although I can't remember what it was ...

'Big Dave'.

You can generally find him at the dog track

BigAunty

johnjameson wrote: »

i'm lucky. i have a good tenant. she'll pay the rent until she gets evicted (and then will go onto the council list)

am i missing something?

Have you looked into the actual council homelessness process? - see the local council website and the Shelter website for info on how they assess a homelessness application and the criteria for accepting an applicant as homeless. Do you know if your tenant has even submitted an application to the local council?

In England, I thought they'd stopped the end of the practice of gate-keeping, making the tenant wait until there is a court order in place, because of a change in law a year or two ago. In fact, the housing ombudsman even before this kept telling local councils off for not acting sooner in the process and even made some councils pay compensation to the landlords for the eviction legal fees.

I thought that the govt had taken away the statutory obligation to award social housing to those that have been defined as homeless and in priority need (in England). They now only have to offer a private tenancy so why does your tenant think she must wait until the end of the process merely just to make the council waiting list? Especially as those that the council have accepted as having a statutory obligation to find accommodation (and it can be a private tenancy) do not put them on a general waiting list but make them a priority, though this could mean some interim accommodation in a hostel or B&B.

This is why I understood that they are now required to accept a homelessness application at the point of serving the S21 and this has disincentivised them from waiting until a possession order, and then a bailiff's warrant. There is not now a bottleneck to get homeless tenants into social housing as they can now be given a single offer of suitable private accommodation.

Does your tenant think if she hangs it out to the point of the bailiffs, it will somehow accelerate her directly into social housing rather than a private tenancy?

BigAunty

John,

I note back in September you wrote " I am having to take out a court notice because my tenant has been told that the *ONLY* way that they can get a 3 bedroom property is by being evicted - so in essence, I am being forced to do the eviction process by the council." and that the property is in Newham.

This is the link to the local council homelessness advice.

http://www.newham.gov.uk/Pages/Services/Homelessness-advice-and-support.aspx

Not really sure why the tenant assumes that it will necessarily lead to a property of that size. I do hope they are not expecting to receive either social housing locally or a private tenancy in the immediate area if they are affected by the benefit cap.

That's certainly not the vibe the local council give to tenants whom they ask to contact them about options when the risk homelessness, certainly nothing that encourages to delay contacting them.

"If you have to move, or you are being made homeless, before contacting us there are other options which you should explore to find your own accommodation.

If you are affected by the Benefit Cap and cannot afford to rent in London, you may have no choice but to look for accommodation in areas outside London where it is often more affordable.

You need to be realistic about what to expect. In some areas of the country it is easy to find affordable accommodation of all types to rent, but in London and the south east there may be very little available within your price range."

News articles make clear newham council are being forced to send homeless families hundreds of miles away in temporary accommodation in Birmingham. No 3 bed properties for them - they have been put up in a hotel.

http://londonist.com/2013/10/newham-could-rehouse-homeless-mothers-up-to-200-miles-away.php

http://www.newhamrecorder.co.uk/news/hotel_in_birmingham_housing_40_homeless_families_from_newham_1_2276430

https://www.whatdotheyknow.com/request/discharging_your_homeless_duty_3

Those accepted as homeless do not go on the council general waiting list anyway- see the info here on what constitutes settled housing.

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless



Go and speak to your local MP if your tenant or yourself have been given them impression that they must sit out until the bailiffs come before the council will offer any help.

Do double check that your tenants expectation of a 3 bed property (especially if they believe it to be a social housing property in the local area) is a realistic one. (EDIT - actually this is pointless, her beliefs and the situation she faces when the warrant is enforced has nothing to do with you, a professional landlord would not get personally involved.)

In the past, a tenant with dependents or disability was able to 'collude' with their landlord by encouraging them to serve an eviction notice in order to propel themselves into social housing but the change in law means it's now a risky gamble rather than a definate outcome.

Knowledgeable tenants in the past knew that if they handed in their notice, the council would have no obligation to assist them since they had made themselves intentionally homeless by leaving the property when they did not have to. That is why some tenants would ask their landlord to initiate eviction.

Now councils don't have to give them social housing in the local area - a private tenancy anywhere in the country will do so long as it passes the vague description of being suitable or settled (i think...happy to be challenged on this). AFAIK, the housing law changed in November 2012 - do you think your tenant is stuck in the past?