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

by Readers Question

12:12 PM, 25th September 2014
About 6 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

David Asker

15:34 PM, 21st October 2014
About 6 years ago

Further on this, I can confirm that earlier in the year Lord Carlisle asked the House of Lord's a series of questions on the enforcement of possession orders.

Some interesting facts emerged about the targets for a hearing to take place (8 weeks they claim) but the HMCTS said that it does not collate statistics on how long it takes their own bailiff's to enforce the possession order (if granted). Apparently this is due to the individual characteristics of each case and they therefore cannot provide general timescale expectations.

A cynic might suggest that the figures are so bad they don't want to publish them and possibly lose the work to the private sector.

After all, the enforcement of possession orders now outstrips the enforcement of money judgments for County Court bailiffs....

Eviction Group

17:46 PM, 23rd October 2014
About 6 years ago

Reply to the comment left by "Mark Lynham" at "25/09/2014 - 13:21":

Yes, you must already have a possession order before it can be transferred to the High Court. You can apply for leave to use High Court Enforcement at the time of initial application for the PO, or, having been granted it, then making application.
It is at the discretion of the Judge,but once leave is granted a writ can be obtained. On sealing of the writ it is enforceable immediately.

David Asker

16:54 PM, 31st October 2014
About 6 years ago

A serious word of warning on this.

I have today taken on a client that has been using a small franchise HCEO company to evict his tenants within 7 days.

As I have stipulated already, and Bill (Eviction Group) rightly agrees, to evict a tenant from a residential property using an HCEO you MUST transfer proceedings from the County Court to the High Court using Section 42 of the County Court Act 1984.

Without this transfer, the writ is only enforceable against trespassers and tenants are not deemed trespassers.

It would appear that this small company offering a guaranteed '7 day eviction' is NOT transferring proceedings to the High Court for enforcement.

Whilst they may argue that the court seals the writ of possession that is no excuse in law. The writ is invalid and so was any action taken under it.

The consequences are that clearly the eviction is illegal and the tenant can claim some considerable damages from the landlord. The landlord would then need to sue the HCEO company and ultimately the authorisation of that particular HCEO could be jeopardy.

So to reiterate. to use an HCEO for a residential possession where a tenancy agreement was in place you MUST use S42 to transfer proceedings!

Eviction Group

18:22 PM, 31st October 2014
About 6 years ago

Reply to the comment left by "David Carter" at "31/10/2014 - 16:54":

We became aware of this matter though prospective clients extolling the virtues of the "7 Day Service" being offered.

David rightly points out that if evictions are being carried out in the absence of the correct Lawful Authority, the possible consequences for the Landlord are dire.

Caveat Emptor !!!!!!

Mark Davis

19:19 PM, 13th November 2014
About 6 years ago

Did anyone notice you can now drive with no seatbelt and use a card machine while you are driving ,I really can't believe they done this and got away with it on channel 5 who do I report them to

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