“Can’t Pay, we’ll take it away.” Ch 5 last night

by Readers Question

12:12 PM, 25th September 2014
About 4 years ago

“Can’t Pay, we’ll take it away.” Ch 5 last night

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“Can’t Pay, we’ll take it away.” Ch 5 last night

Quite interested to see on last night’s programme that a woman was evicted suddenly by High Court enforcement officers. They said, had the eviction gone through the normal court it would have taken six weeks but if you decided to refer it to the High Court they will do it within 24 hours! Can't Pay, we'll take it away

Does anyone have experience of this?

A friend is currently evicting none paying tenants and this was not something I’ve come across before.

Cheers

Gillian



Comments

Mick Roberts

13:11 PM, 25th September 2014
About 4 years ago

I'm gonna' comment, only 'cause I want to get the email replies on this when they come, so I don't miss out.
I too have interpreted it on these programs, exactly as u said, so let's hear people with knowledge.

paul landlord

13:16 PM, 25th September 2014
About 4 years ago

I too would like to hear about this. It sounds too good to be true? Why do we wait many months incurring huge losses and aggravation if this can expedite situations?

Mark Lynham

13:21 PM, 25th September 2014
About 4 years ago

i may be wrong here but i believe you would have had to of had a possession date under the Accelerated Possession proceedings first.. so instead of having to back to the court for a bailiff you can go this route which i gather is pretty immediate.. i stand to be corrected though..

Mark Alexander

13:22 PM, 25th September 2014
About 4 years ago

Reply to the comment left by "Mick Roberts" at "25/09/2014 - 13:11":

Hi Mick

You don't have to comment to subscribe to comments on a thread. Just fill in the boxes below the advert (right above your comment) and click the green button 🙂

I too am interested to know more about this. We do have a member here who works as a HCEO so let's hope he comments 🙂
.

Mick Roberts

13:48 PM, 25th September 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "25/09/2014 - 13:22":

Aah right, thanks. So obvious when someone points it out to us. I shall do ten lines now 'I am thick' ha ha.
I like to let people know I'm still about anyway, even though I han't had time to comment much lately.

Gillian Schifreen

13:49 PM, 25th September 2014
About 4 years ago

That seems to only be information about debtors. Couldn't seem to find anything on their site about evictions. Am I missing something? It would be very useful if your HCEO sees and can reply to this.

I think as landlords one of the most troubling issues regarding evictions is the time between the judgement and the actual eviction as the tenants then have the chance to destroy the property. A quick eviction would help this from happening.

Gilly

14:09 PM, 25th September 2014
About 4 years ago

I only know abut this because there is a fab solicitor who works locally called John McConkey, whose practice (LG Williams & Prichard solicitors, Cardiff|) specialises in this. I hope my reference to them is not deleted, as my reply is from what I have learned from him and an article that he distributed at the last meeting, some of which I have reproduced for your benefit. He has given a couple of talks at landlord forums recently - so I have heard him twice. I didn't see the show so am not sure if it's exactly the same and the process is far more complicated than some Internet firms make it appear, so it is worth using a law firm... but here goes....

Mark is right as this only takes place after a court order has been granted, but instead of waiting for the Bailiff (usually between 1 - 3 months) you can use a High Court enforcement officer to carry out the enforcement of the possession order. You need to apply for a Writ of Possession from the High Court and the court has to give permission for this. So the landlord needs to seek leave from the Court to transfer the possession order to the High Court for purposes of enforcement, enabling the HCEO to proceed with an eviction.

The only thing to weigh up really is the cost. You are saving three weeks or so and they may charge around £300 +VAT so if it is for a property where the rent is about £600 pcm then it's hardly worth it. It comes into its own where there is a high monthly rent or if you want to evict tenants quickly to sell.

Isn't it ridiculous that we landlords need all this procedure when someone has not paid their rent for over two months? Property must be one of the only professions where someone is expected to provide something for nothing for a minimum of two months and the person in default has the law on their side. Even I find this strange and I am normally considered a softie.....

Mark Lynham

14:19 PM, 25th September 2014
About 4 years ago

Reply to the comment left by "Gilly " at "25/09/2014 - 14:09":

ah... that was it Gilly... i seem to remember having one a few years ago and decided against it really for the costs involved... and where i am we're not having to wait too long for the evictions dates..

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