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

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

12:12 PM, 25th September 2014, About 7 years ago 55

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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

by Colin Belton

16:43 PM, 8th October 2014, About 7 years ago

I hope there is a quicker way of evicting tenants because as a letting agent, my experience has been it can take up to a year. Have a read of my experience at my blog of evicting a tenant here https://www.rentaljoy.com/blog/2014/10/the-tenant-who-wouldnt-leave-or-pay-rent/#more-788

by David Asker

16:59 PM, 8th October 2014, About 7 years ago

It's never a speedy process but certain aspects regarding the enforcement can be improved if you know how.

Always happy to give you advice Colin, feel free to contact me.

by Mark Alexander

17:01 PM, 8th October 2014, About 7 years ago

Reply to the comment left by "David Carter" at "08/10/2014 - 16:59":

David, you need to update your member profile to business sponsor status to include your contact details.
.

by David Asker

17:03 PM, 8th October 2014, About 7 years ago

Will do.

by Industry Observer

17:49 PM, 8th October 2014, About 7 years ago

Colin

I'll read your blog but I have said it before and will say it again it should NEVER take much more than 6 months to evict a tenant unless you also count the initial 2 months (or almost 3 months in a periodic) AND you initially get thrown out and have to re-serve etc.

With APP if there is no error in the legal papers then no matter what the tenant writes in the defence statement and sends back to the Court it should never take more than 12 weeks to get an Order.

In standard proceedings granted a cute tenant can get postponements and keep the clock ticking - but 12 months?

Change solicitors would be my initial advice (or if doing it yourself, employ solicitors!!)

by Matt Wardman

12:55 PM, 21st October 2014, About 7 years ago

Edited due to attack of commonsense.

by David Asker

12:59 PM, 21st October 2014, About 7 years ago

Reply to the comment left by "Industry Observer " at "08/10/2014 - 17:49":

I doubt it's the possession order that is taking so long, it will be this added to the delays in enforcement by the County Court Bailiff. We are seeing some client's being quoted 6 months after the possession date. Hence the reason for this thread.

by Matt Wardman

13:01 PM, 21st October 2014, About 7 years ago

Reply to the comment left by "Industry Observer " at "29/09/2014 - 10:15":

As a buyer, and a seller, I *hated* HIPS.

Another futile leaning tower of bureaucracy.

Matt

by Industry Observer

13:39 PM, 21st October 2014, About 7 years ago

@ David

That is incredible I have never known a delay of more than 6 weeks for bailiff attendance and that was because the bailiff was ill, a reserve was not available and it had to be delayed 2 weeks from an initial 4 weeks.

Even where tenants have tried to further delay I have never known a case where once the Court instructed the bailiff to attend it took longer than that. How can it posssibly take 6 months unless the Court itself is intervening and for some odd reason having futher hearings or similar?

@ Matt

Congratulations you are the first buyer ever to say they did not like HIPS. As it is free, causes no additional delays and gives you extra information what as a buyer is there not to like about HIPS?!!

by David Asker

13:47 PM, 21st October 2014, About 7 years ago

Reply to the comment left by "Industry Observer " at "21/10/2014 - 13:39":

Part of the reason appears to be a reduction in staff with many taking voluntary redundancy last year. We hear daily of delays of six weeks and over from most courts around the country.

Understandably this has seen a significant rise in Section 42 applications to transfer proceedings to the High Court and use HCEOs like ourselves. If the application is included in the original order it is almost always granted and we can do it within days.

The downside is the cost which varies from £300 - £800 depending on who you use but when you offset that against the loss of rental income and potential further damage to property you can see why this route is becoming a favoured option.


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