Section 42 uplift (HCEO) evictions, I want to start a campaign. Who's in?

theartfullodger

For a good guide to how HCEO operate & their thinking see...
http://www.landlordzone.co.uk/forums/showthread.php?70594-Enforcement-of-a-Possession-Order-using-the-HCEO-route

Jr1871

Some lucky, and residentially very secure commenters on this....of course I do not wish to enable rent defaulters to screw yet money from landlord's, a couple of people have rightfully picked up my ire with the scenario.

If a no fault eviction is given a bailiff date, and the landlord wishes to change the rules, the council's advise people to stay until eviction, usually children are involved, why should they be placed in such jeopardy, and given no notice of such draconian methods.

Anybody unable to see this is a harsh possibility, and very unfair, needs in my humble opinion to think this through further. Imagine yourself in the situation, as a tenant you act correctly, and take note of what the council say, and without any communication are literally made homeless instantly.....

My aim is to educate people defending as LIP'S, or Mckenzie's friends, that a little preperation can ensure this very nasty surprise won't happen to people you are helping. It is of course down to conscience if you use the angle if the evictee is somebody ragging the landlord. I personally wouldn't.

Innys1

Jr1871 wrote: »

Some lucky, and residentially very secure commenters on this....of course I do not wish to enable rent defaulters to screw yet money from landlord's, a couple of people have rightfully picked up my ire with the scenario.

If a no fault eviction is given a bailiff date, and the landlord wishes to change the rules, the council's advise people to stay until eviction, usually children are involved, why should they be placed in such jeopardy, and given no notice of such draconian methods.

Anybody unable to see this is a harsh possibility, and very unfair, needs in my humble opinion to think this through further. Imagine yourself in the situation, as a tenant you act correctly, and take note of what the council say, and without any communication are literally made homeless instantly.....

My aim is to educate people defending as LIP'S, or Mckenzie's friends, that a little preperation can ensure this very nasty surprise won't happen to people you are helping. It is of course down to conscience if you use the angle if the evictee is somebody ragging the landlord. I personally wouldn't.

If this is an example of how you express yourself in Court, I hope you have another career lined up.

mrginge

Simple question.
After a landlord has successfully applied to court for an eviction, how long do you think it is reasonable for them have to wait to gain possession of their property?

theartfullodger

mrginge wrote: »

Simple question.
After a landlord has successfully applied to court for an eviction, how long do you think it is reasonable for them have to wait to gain possession of their property?

Whatever the law says & the court processes take.

This is an event that may result in people becoming homeless so needs to be handled carefully and with due caution.

Miss_Samantha

This is silly.

A tenant gets notice, then the whole court proceedings take place, then the court makes a possession order requiring the tenant to leave by a given date.

If the tenant is still there after that date, and thus is disregarding a court order, then he should expect to be evicted any minute.

HCEOs can only be instructed after the date set by the court, as do County Court bailiffs.

Jr1871

Simple question, but no simple answer...children, disability, reason for claim, many more.The current period of 14-42 days is reasonable, as soon as possible is my opinion of the right answer, all I object to is the uplift giving no notice, and the court system misleading evictee's.

A little surprised that a forum who's basis is to provide the best and fairest deal for people, seems so keen to slate somebody who doesn't like the fact that people can be made homeless under these circumstances...of course, a number of the people who have replied above could be the very people trying to protect unjustly enriched 'earnings'

Nobbie1967

Jr1871 wrote: »

A little surprised that a forum who's basis is to provide the best and fairest deal for people, seems so keen to slate somebody who doesn't like the fact that people can be made homeless under these circumstances...of course, a number of the people who have replied above could be the very people trying to protect unjustly enriched 'earnings'

The forum is to help people save money, be they tenants or landlords. If a landlord has a non-paying tenant then using a high court enforcement officer may well save them money.

I think you've shown your prejudices by your last comment. if you want to improve the situation you would be better off trying to get councils to improve their process to act when a possession order is granted rather than wait until the bailiffs or HCEOs arrive.

mrginge

Jr1871 wrote: »

...
A little surprised that a forum who's basis is to provide the best and fairest deal for people, seems so keen to slate somebody who doesn't like the fact that people can be made homeless under these circumstances...of course, a number of the people who have replied above could be the very people trying to protect unjustly enriched 'earnings'

Well that's interesting. You talk about a fair deal for people, but it appears that that doesn't include a fair deal for the owner of the property.

And frankly, your assertion about anyone who disagrees with you is pretty pathetic. If you want to start a campaign for your cause, how do you expect to get anywhere if you can't defend your position without resorting to childish insinuations?

alibean121

I definitely think that part of the court process should be including some document with a final date that can be presented to the council such that they will treat you as actually homeless from that date. Taking no action until there's actually someone changing the lock on your door is a total farce.

Even if I was mostly packed, I don't think I could live for weeks with enough stuff packed away to let me get out within an hour.