We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Section 21 notice served

12357

Comments

  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    edited 6 June 2016 at 4:14PM
    thesaint wrote: »
    I guess because a court has already has instructed the tenant that they must vacate the premises.

    Indeed, the tenant has already been notified of the court decision, which includes an order to leave the property by a specific date.

    The way bailiffs must operate does nothing apart from undermining court orders as tenants (and local authorities) focus on the bailiffs' notice instead of the court order.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    The point of the notice is so that everyone gets a good result. It's not about punishing the tenant, that's not what the court is there to do.

    So what is the punishment for ignoring court orders? Surely that isn't the way one should behave?
    Guest101 wrote: »
    Some councils wont act until bailiffs notice is received, or in extreme cases when bailiffs are actually there.

    Got nothing to do with me as a landord, apart from costing me money in most cases.
    Guest101 wrote: »
    Why make the situation more tense than it already is?

    Again, only one person that can prevent that, and that's the one ignoring a court order.

    They have had several months notice prior to bailiffs turning up, so no tears would be shed by me.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    So what is the punishment for ignoring court orders? Surely that isn't the way one should behave?
    - Contempt of court, however the order needs to be enforced first. That's just the way the law is. You may not like it, which I can understand. But isn't it punishment enough for the tenant to be forced to move, in many cases through no fault of their own?


    Got nothing to do with me as a landord, apart from costing me money in most cases.
    - Right. But you'd be happy to see the tenants on the street with possessions flung out by the bailiffs? I mean that seems unjustly cruel for whatever 'offence' you think the tenant has committed.


    Again, only one person that can prevent that, and that's the one ignoring a court order.
    - As I said, in many cases the council simply wont act until that point. That's not the tenants fault, go petition your MP to act if you wish.

    They have had several months notice prior to bailiffs turning up, so no tears would be shed by me.



    Well then my opinion of you is significantly lower than prior to reading this post.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    - Right. But you'd be happy to see the tenants on the street with possessions flung out by the bailiffs?

    Yes, I would gladly pay the CC bailiff a supplement to have exactly that happen.
    Well life is harsh, hug me don't reject me.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    thesaint wrote: »
    Yes, I would gladly pay the CC bailiff a supplement to have exactly that happen.



    Well then sir, you are a very special kind of person; if you get off on seeing people in already difficult situations humiliated and effectively destroyed for simply being too poor to move.


    (thankfully the law doesn't allow this - and so this will simply continue to be an aspiration of yours)
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    edited 6 June 2016 at 5:15PM
    In any case the tenant has advance notice of the eviction: This is the court order and it includes a deadline (as said).
    Therefore, arguing that advance notice by bailiffs is necessary not to make things 'too hard' on tenants is just nonsensical.

    Councils do not act on the court order because, as I wrote previously, they know that nothing will happen until bailiffs send notice.
    If evictions took place quickly after the expiry of the court order, without further notice they would focus on the court order.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    In any case the tenant has advance notice of the eviction: This is the court order and it includes a deadline (as said).
    Therefore, arguing that advance notice by bailiffs is necessary not to make things 'too hard' on tenants is just nonsensical.



    It's not when you consider that it's likely the tenants haven't left already is because they cant afford to and are probably waiting for help from the council.


    The council wont help until the tenant is evicted in many cases, and so the tenant is left in limbo. Much easier for the LL, the bailiffs and the tenant if the tenant can arrange a van, some helping hands and have everything packed for the day than cause a huge amount of upset, delay the actual eviction and potentially cause an altercation between the parties.


    Does a LL really want a vengeful tenant on their case? I genuinely don't see the merit for anyone involved.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    In any case the tenant has advance notice of the eviction: This is the court order and it includes a deadline (as said).
    Therefore, arguing that advance notice by bailiffs is necessary not to make things 'too hard' on tenants is just nonsensical.

    Councils do not act on the court order because, as I wrote previously, they know that nothing will happen until bailiffs send notice.
    If evictions took place quickly after the expiry of the court order, without further notice they would focus on the court order
    .

    This bit I agree with, but it's hardly something a tenant can change. It requires a change of policy across the board.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    edited 6 June 2016 at 5:22PM
    Guest101 wrote: »
    Well then sir, you are a very special kind of person; if you get off on seeing people in already difficult situations humiliated and effectively destroyed for simply being too poor to move.

    I don't quite understand how they sudddenly get rich enough to move when bailiffs turn up.

    They have a £355 possession order, and a £110 bailiffs costs to pay(in most cases).
    All which could have been avoided in the months they have been sitting on their hands.
    Guest101 wrote: »
    (thankfully the law doesn't allow this - and so this will simply continue to be an aspiration of yours)

    I would need a source, as the only reference I have seen of this is your previous post:
    Guest101 wrote: »
    Bailiffs always give notice, and I believe recently high court EO's have been instructed that previously they were incorrect in not providing notice.
    Well life is harsh, hug me don't reject me.
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    If a tenant cannot afford to move now, it won't change in a couple of weeks.
    Eviction will happen, adding notices after notices does not help the tenant, it only adds costs for everyone.
    Guest101 wrote: »
    This bit I agree with, but it's hardly something a tenant can change. It requires a change of policy across the board.

    Obviously, no-one argued otherwise.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.1K Work, Benefits & Business
  • 603.7K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.