Bailiff – Weeks Away from Repossession

by Readers Question

8:01 AM, 15th May 2014
About 7 years ago

Bailiff – Weeks Away from Repossession

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Bailiff – Weeks Away from Repossession

I have been trying to evict a tenant for over a year due to non payment of rent which currently stands at £11k. Bailiff - Weeks Away from Repossession

Having finally obtained a possession order which has been ignored by the tenant, I have applied for a court bailiff to carry out the eviction. The tenant has ignored the whole possession process including not submitting a defence, failing to turn up to court etc, but at this final stage has launched an appeal. The date the bailiff has given is still 8 weeks away. Is there any grounds that could be used to request the bailiff gives an earlier date?

Thanks

Ian Brand


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Comments

Mark Smith (Barrister-At-Law)

8:12 AM, 15th May 2014
About 7 years ago

Transfer the case to the High Court and send in the Sheriff.

He will get there far more quickly and has the power to seize the tenant's property to meet outstanding rent arrears.

Shakeel Ahmad

10:02 AM, 15th May 2014
About 7 years ago

Could he not have gone to High Court in the first place ?

Mark Smith (Barrister-At-Law)

10:13 AM, 15th May 2014
About 7 years ago

Yes, but there are many reasons why you would start in County Court.

If he did not this route is available

Steve Masters

13:34 PM, 15th May 2014
About 7 years ago

Google "possession order enforcement HCEO" very, very interesting!

I didn't know such a route existed until I came across NLA recognised supplier DCBL just a couple of days ago.

They might be what you are looking for Ian as they offer an express 7 day service. I haven't used them myself but plan to next time I need to enforce a possession order.

If you write down in a letter to your tenants all the extra powers a HCEO has over a CCB it will probably scare the living daylights out of them (it would me!) and the threat alone might just do the trick.

Anyone used a HCEO with success?

Sally T

20:04 PM, 15th May 2014
About 7 years ago

We're going through this now, we're in the time period for the tenant to submit a defence (we're not willing to issue her a new tenancy after a change of circumstance). If she ignores the date given by the judge, can we get the sheriffs instead of the baliff's, is this a better more efficient route ?

Ian Brand

20:39 PM, 15th May 2014
About 7 years ago

As far as I understand, you must give a good reason in court why you wish it to be passed to the sheriffs Office, and it is up to the discretion of the judge to permit or not.

Ian Brand

20:41 PM, 15th May 2014
About 7 years ago

Reply to the comment left by "Steve Masters" at "15/05/2014 - 13:34":

That is\was my thoughts at the moment, but not sure if at this late stage its practical.

Ian Brand

12:52 PM, 20th May 2014
About 7 years ago

Further Development: - Tenant Hearing

Haven spoken with the Court, I have been informed that a hearing date has been set for 23rd July at 12:00. Obviously my questions are:

1) Will this scupper the eviction date which is 14th July?
2) Do I have to inform the Bailiff that there is a hearing pending?
3) If the eviction goes ahead will the tenant be able to object on the day (if not I suppose it is up to her solicitor to inform her of such)
4) I expect that the tenants solicitor will go back to the court to try and obtain an earlier hearing. Do I need to do anything in the interim?

Steve Gracey

16:21 PM, 27th May 2014
About 7 years ago

I'm hearing more and more about High Court Sheriff evictions. Is the ability to transfer it to the High Court / Sheriff due to a relatively recent change in the law? Do you simply just pay the fee, fill a form and transfer it? Or as one poster said do you need a good reason? What's a good reason? Why don't all Landlords just pay the fee and pass it to the high court? It's got to be value for money just in saving time, having some certainty and preserving some sanity. This almost sounds to me to me to be too good to be true. My council still advises tenants to ignore s21 notices and grind it out for a few months until the Bailiffs arrive. Are councils not aware that this can be done in 7 days by an HCEO? And would it be asking too much to get the HCEO fees added to the Bailiffs amount?

scott cecere

22:03 PM, 2nd February 2017
About 4 years ago

Look into a possession order enforcement. Also, you can look to the high court and they will then look to get the sheriff office out http://thesheriffsoffice.com/. These guys were actually in the paper evicting some people from a Russian millionaires mansion this week http://www.dailymail.co.uk/news/article-4179310/Squatters-finally-evicted-oligarch-s-15m-London-home.html

There are loads of forums and advice things on the web.

https://www.gov.uk/repossession/get-advice

http://www.homehousebuyers.co.uk/stopping-house-repossession/

http://www.moneysavingexpert.com/mortgages/house-auctions


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