Help bring a Judicial Review against Bailiffs refusing to enforce warrants

by Chris @ Possession Friend

11:57 AM, 15th October 2020
About 6 days ago

Help bring a Judicial Review against Bailiffs refusing to enforce warrants

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Help bring a Judicial Review against Bailiffs refusing to enforce warrants

The infamous words of Jenrick at the start of the pandemic: “No renter who has lost income due to coronavirus will be forced out of their home, NOR WILL ANY LANDLORD FACE UNMANAGEABLE DEBTS”

Nothing more was heard about landlords only incessant campaigns for Private landlords not to evict, but to bear the financial loss, as No assistance to this day has been provided by the Government. Quite the opposite, as landlords were considered self-employed yet outside any of the government financial assistance schemes. Apart from a slight increase in Universal credit, nothing was done for tenants other than to manipulate the Civil Justice [sic] system to prevent landlords from gaining possession to mitigate their losses.

County Court Bailiffs are refusing to execute warrants in Tier 3 areas (for example Liverpool and a lot of the North West – at present) and are quoting reasons such as a ‘circular from the Ministry of Justice’ that they refuse to disclose, and also from a part of Robert Jenrick’s statement to the House of Commons about protecting renters due to the virus.

Interestingly, the Lockdown provisions allow for house moves within the Tier 3 areas, but apparently according to Bailiff’s – not evictions. In other words, compliant tenants and house owners can move, but rent and other Possession defaulters cannot be evicted!

This is ‘déjà vu from  March’ where All possession proceedings were suspended, without any cognizance of grounds such as Anti-Social Behaviour, Domestic Violence or even Non-Covid rent arrears.

The current Bailiff ‘work to rule’ is even more pernicious and arguably unlawful as it’s not even based on legislation.

The Bailiff refusal to execute court orders comes after a 6-month suspension of justice for landlords. With the added delays to ‘slow the possession process’ by extended notice periods, pre-action protocol, review hearings, mediation, winter truce and the prioritisation of cases has doubled the timescale it takes a landlord to gain legal eviction, without the ultra vires refusal of bailiffs to execute legal court enforcement orders.

Possession Friend is working with David Smith of JMW solicitors to take action against the bailiff’s refusal to execute warrants without legislation that permits this (duly deliberated in parliament, of course) The enforcement of these warrants (resulting from long-prior, Non-Covid cases)  will already have been suspended since March, which were absolutely nothing to do with the current pandemic or Tier 3 restrictions.

This last-straw’ unofficial suspension by Bailiffs is merely another delaying tactic by the government – judiciary working in collusion to retain the burden of housing upon private landlords, to protect the public purse from picking up their welfare responsibilities.  Especially for the smaller landlords, this financial burden is, UNMANAGEABLE!   Enough is enough.

JMW solicitors are offering to bring a Judicial review against the government for the failure of the legislative process to act (Bailiffs) This will be on a No-win, no-fee agreement with costs on success being sought from the Government. Claimant landlords would still be at risk of paying the costs of the government if they lose but, JMW will seek a protective costs order trying to prevent or limit this exposure. There is also the option to set up a CrowdJustice funding page to seek funds to help defray the costs of any possible loss.

In order to bring such action, Landlords who have been refused Bailiff enforcement are asked to come forward with details of their cases. 

Contact  Enquiries@PossessionFriend.uk   


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Comments

Question Everything

11:07 AM, 16th October 2020
About 5 days ago

I'm really heartened by JMW solicitors here. Thank you.

But I hope it is clear to all now that this is a controlled demolition of the PRS. It started around 2012 when the rhetoric turned away from Corporations land banks as the problem to the Private LL.

No one can say that S24 is just. We have had multitudes of bullying and illegal activity from Local Counsels, and an ever increasing amount of regulation which increases cost with no gain.

And they continue to turn the screws even under the pressure of a recession.

If you think this is all just by a "stupid" .gov, you are kidding yourself.

Derek t

13:18 PM, 16th October 2020
About 5 days ago

Ive been lucky today we had an eviction carried out this morning but the bailiff said if the tenant mentions they have covid or are shielding they have to stop. Thankfully it went smoothly and we only lost 2k but got a very well used house in the process Which will be up-for sale as soon as they collect the rest of their stuff. Can’t wait to sell all our properties as i see it getting worse in the long run

Lindsay Keith

15:42 PM, 16th October 2020
About 5 days ago

Beware Jenrick, I cannot trust him, he seems weasely and an empty suit. He will invent another blockage to test even the excellence of JMW. WHY do solicitors abbreviate their names, we don't know who they are? Guys, it's not cool?

Northernpleb

9:25 AM, 17th October 2020
About 4 days ago

I put the papers into Manchester Court for possession about six weeks ago a few days before Courts were told to Close again. When the Courts re-opened I promptly received an hearing date in Early November 2020. (Well done Manchester Court Administration) So If you meet the Criteria it appears to be the Court Policy to Fast Track Your case. So why are the Bailiffs Not following the same policy by ignoring Court Rulings . It is the Judges Job to interpret the Law. And the Bailiffs to Administer it.

On another Note , Hopefully I will get the possession Order But I am Clueless of what happens Next in relation to Actually getting my property back. The Problems I foresee is that it is a long drawn out process and areas can be in and out of Lockdown so at what stage is the process Stopped ,and Under What Circumstances. Do High Court Sheriffs have the same policy. And can the whole system be stopped on the Day of possession by the Tenant Saying `Not to day Mate I am self isolating I need a few more Months of living rent free`
Is there any Clear Guidance

Derek t

9:28 AM, 17th October 2020
About 4 days ago

Reply to the comment left by Northernpleb at 17/10/2020 - 09:25
I’m not sure there is any clear guidance I think it’s pot luck as to what the tenant knows about mentioning covid on the eviction day and the attitude of the bailiff unfortunately it’s stacked against us good luck with your possession order

NewYorkie

9:29 AM, 17th October 2020
About 4 days ago

Reply to the comment left by Derek t at 16/10/2020 - 13:18
That you have had a successful eviction so soon after the courts re-opened sounds amazing. Can you say when you served your notice, if you had to re-activate it, whether it was reviewed before the hearing, and how you were able to act so soon? These are all questions so many of us are facing.

Northernpleb

9:51 AM, 17th October 2020
About 4 days ago

Reply to the comment left by Derek t at 17/10/2020 - 09:28
Thanks Derek, Well if they don`t know I am pretty sure Shelter or the Council will tell them.
There should be Clear Guidance and if it`s Government Policy . The Government should pay the arrears and Costs from Last March , and recover from the tenants by Deduction from Salaries , Benefits. Or Taxation.

Derek t

10:22 AM, 17th October 2020
About 4 days ago

Reply to the comment left by NewYorkie at 17/10/2020 - 09:29
We already had a court order for possession and it was due to be executed back in March the day after lockdown so it was suspended we applied for bailiff again as soon as courts opened and they gave us a date approx three weeks from the request for bailiff. Luckily the tenant thought if they paid some money during this period it would go away so we didn’t lose the full amount of rent within the covid shut down period they ended up paying around 50% of the due rent

Derek t

10:25 AM, 17th October 2020
About 4 days ago

Reply to the comment left by Northernpleb at 17/10/2020 - 09:51
Our tenant buried their head in the sand and only approached the council for help 18 hours before the bailiff was due as the council called me to see if there was any way we could sort things out so we were lucky no one thought of the covid angle

Northernpleb

10:58 AM, 17th October 2020
About 4 days ago

Reply to the comment left by Derek t at 17/10/2020 - 10:25
Thanks Derek, And glad you got a result. Renting property is now very costly Minefield for Landlords It could go on for years.

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