Bailiff dilemma?

Bailiff dilemma?

9:29 AM, 21st August 2023, About 9 months ago 22

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Hello, in April, I obtained an order for possession from the county court. After a long wait, I was told it can take up to 18 weeks to get a date for the bailiff.

So I applied to transfer the order to the High Court for these reasons:

1- The tenant has not been paying rent since February. I have to pay the mortgage and service charge (around £1000 a month) which is putting me under serious financial pressure.

2- The tenant is refusing access to carry out important repairs, including a leaking roof.

3- It is taking a long time to get a bailiff date from the county court. I need the possession order to be transferred to the High Court so that I can get a private bailiff, which is quicker.

Today I received the court’s decision and they have refused my request.  What shall I do before I become bankrupt?

Thanks,

Basil


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Comments

Kizzie

11:19 AM, 21st August 2023, About 9 months ago

I am not legally qualified. So a thought would be to pursue the debts under Insolvency Act 1996 if you think the tenant has assets. Waste of legal fees if there are no realisable assets.

Julesgflawyer

11:32 AM, 21st August 2023, About 9 months ago

Reply to the comment left by Kizzie at 21/08/2023 - 11:19
One of the failures of the "accelerated procedure" is that you cannot get a money judgment for arrears, only a PO. This needs to change.

Frank Jennings

11:43 AM, 21st August 2023, About 9 months ago

I am a landlord like yourself, and I cant offer any legal advice. I came very close to your situation, except I had landlords insurance and a guarantor, so was in a much better position then what you have put yourself in. My Tennant ended up owing £8000 in back rent, which the guarantor eventually covered less a £1000 discount/incentive to pay up with in two weeks.
As you probably realise if ALL ELSE fails then not paying your mortgage will ensure the bank will step in and remove the tennant, sell the property, and give you what's left, if anything, after clearing the debts, and the costs etc.
They may be able to assist you with advice although I would rather use a solicitor or professional legal advice, from specialist in the PRS and are used to dealing with these types of cases.
Having said all of that, writing to your MP could help, or even speaking with them during one of their one-2- one sessions might help oil the wheels.
You could also make a claim at the small dept court, as you can then obtain a CCJ which may help you get the money you are owed in the future.
As things stand at the moment, Landlords are being punished for providing good housing for people who cant afford, or don't want to buy their own. No good deed goes unpunished, it seems. Good luck anyways!

Paul Essex

11:43 AM, 21st August 2023, About 9 months ago

This is where we need to see the NRLA standing up for the small landlords.

BRACKS Mead

11:46 AM, 21st August 2023, About 9 months ago

My solicitor advices me that arrears and tenant being an idiot are not grounds for the High Court.

That I would only be granted the accelerated process if I had additional grounds that were very substantial indeed. And that is now rare. eg terminal illness, imminent repossession or bankruptcy.

The reasons for high court accelerated process do not include the same reasons for getting possession in the first place eg arrears/ refusing access are pretty standard. So the 3 reasons you gave above would not be strong enough. According to my solicitor.

Get legal advise to reach the high bar set for accelerated process and apply again?

Seething Landlord

12:45 PM, 21st August 2023, About 9 months ago

You might find this article helpful in identifying possible reasons for your application being refused, if you don't already know (but be aware that it was written in 2019):
https://gatehouselaw.co.uk/enforcing-possession-orders-getting-the-process-right/

Ron

14:49 PM, 21st August 2023, About 9 months ago

Put in a complaint to the Court Service raising delays causing you financial loss and then pursue the matter through to the parliamentary Ombudsman.

If the tenant is refusing to allow access one way of putting pressure on them is to apply for an injunction to compel them to access the property. This can only be achieved if the repairs are urgent.

SimonP

0:42 AM, 22nd August 2023, About 9 months ago

Reply to the comment left by Frank Jennings at 21/08/2023 - 11:43
I am curious. If the owner cannot remove the tenant, how is it then possible for the bank to do it? Are they not under the same constrictions as the owner?

Smiffy

13:49 PM, 22nd August 2023, About 9 months ago

soon be time we started suing judges for negligence!

Seething Landlord

14:19 PM, 22nd August 2023, About 9 months ago

Reply to the comment left by SimonP at 22/08/2023 - 00:42
The owner can remove the tenant. It is just taking longer than he would like. Another example of a public service that is under resourced and falling apart.

He has not disclosed why his application to transfer to the High Court was refused and jumping to the conclusion that it was somehow the fault of the judge is a bit hasty.

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