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Evicting tenant - eviction service/solicitor firm

13

Comments

  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Guest101 wrote: »
    Im summarising for ease of understanding. It is overall correct, though the procedure if obviously more complicated then popping down the high court on the push bike.

    "That's not the way it works" = This is not correct...
    Do not confuse enforcement of money orders, and eviction.

    Using HCEOs to evict may be a good idea as it should be significantly faster, though more expensive.

    Landlords are advised to seek proper advice on how to do this before they start court proceedings.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    jjlandlord wrote: »
    "That's not the way it works" = This is not correct...
    Do not confuse enforcement of money orders, and eviction.

    Using HCEOs to evict may be a good idea as it should be significantly faster, though more expensive.

    Landlords are advised to seek proper advice on how to do this before they start court proceedings.

    Im not confusing enforcement of debt collection and enforcement of eviction. In fact i made the difference quite clear.

    So care to clarify what was wrong with what i said? or just trolling again?
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 7 May 2015 at 5:15PM
    Guest101 wrote: »
    or just trolling again?

    Ah... ad hominem attacks are so predictable... Of course I will now help you out, or not. The subject is covered by many serious sources, which can easily be found via Google.

    My constructive advice for landlords is all in my previous post.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    jjlandlord wrote: »
    Ah... mediocrity is so predictable. Of course I will now help you out, or not.

    My constructive advice for landlords is all in my previous post.

    I wasnt asking for help. I understand the process. For other interested in JJ's cryptic posts.

    The LL is required to demonstrate to the County Court that escalating possession to the high court is required. Section 42 County Courts Act - http://www.legislation.gov.uk/ukpga/1984/28/section/42
  • Pixie5740 wrote: »
    Gatekeeping is when councils advise tenants to stay put until bailiffs physically remove them from the property and then find somewhere for them to live. Councils are supposed to do this but due to the shortage of social housing they do.
    Gatekeeping is where councils wait until the landlord actually launches a court order or wins a court order for eviction, before taking action.

    They basically hope that the tenant sorts themselves out in the meantime, and it can help reduce the burden on their limited housing resources.

    I'm not so sure this is an case of "gatekeeping". It would be very unusual for any LA, presented with a S21, not to contact the LL either to resolve any issues with the tenancy or to gather information on the tenants conduct with a view to making an "intentionally homeless" decision. From the OP, it doesn't seem as if the LA have even contacted him.
  • mandm65
    mandm65 Posts: 556 Forumite
    Thanks guys for all your replies, guess thread got drifted a bit :D
    Anyway I am still looking to hear from someone who has taken the expensive route and if they can make any recommendation(s). A bit of research on the subject, seems like minefield, with costs very so much! :mad:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    mandm65 wrote: »
    Thanks guys for all your replies, guess thread got drifted a bit :D
    :beer: :T
  • mandm65
    mandm65 Posts: 556 Forumite
    Right bit more research revealed that I might be able to proceed with ‘Accelerated possession’. The idea of getting the service/solicitor is fading a bit as likelihood that solicitor probably use the same route and charge me £499 for filing the application online and then there is a strong possibility of additional charges for ‘warrant for possession’ if tenants don’t leave property.
    I would like to educate myself on ‘possession hearing’ (never been to court before) so naturally feel nervous , any pointers to ease the nerve would be appreciated?
    Cheers
  • Tassotti
    Tassotti Posts: 1,492 Forumite
    I have used Landlord Action before.

    If you don't have the time, a quick call to them and they will sort it all out for you.
  • jamie11
    jamie11 Posts: 4,436 Forumite
    Guest101 wrote: »
    Ok: You follow normal procedure up until you have a possesion order from the county court. The County court sets a date for possession - sometimes same day, sometimes after 7 days or more (depending on how the case was defended)

    A possession order from the CC will always allow a minimum 14 days before a bailiff can be asked to enforce it, that can be extended to six weeks on application but no longer than that.

    Add to that anything from 3 to 12 weeks to get a bailiff to enforce and it can be a very long wait to get your property back.
    (depending on how the case was defended)

    There is no defence to a properly issued S21.
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