Paul Shamplina

Registered with Property118.com
Tuesday 26th April 2011


Latest Comments

Total Number of Property118 Comments: 19

Paul Shamplina

11:59 AM, 18th December 2014
About 4 years ago

Retaliatory Evictions Report

Rosalind

I agree with your comments, I made sure my evidence to the committee reflected the reality of serving Non fault Section 21s. Most of the time, when a section 21 is served, there are multiple of reasons, with relationships with tenants breaking down or Landlords circumstances changing, IE having to sell. On the survey we did 28% of Landlords served a section 21 because of rent arrears and did not want to go down the section 8 route, most of the time they write off the arrears. The bill is now looking to be heard in the House of Lords in January, so there is still more to happen. The RLA are working hard on this also to campaign for Landlords.... Read More

Paul Shamplina

16:53 PM, 12th November 2014
About 4 years ago

Are you sure your speedy tenant eviction was legal?

Reply to the comment left by "Mark Alexander" at "12/11/2014 - 10:47":

I agree with David's comment's, I know from a regular source that some of these sub High Court Enforcement Officers are not obtaining the correct leave.

The service they say to landlords is that they can get 7 day evictions, which is not the case.

Firstly you have to obtain the leave at court on the hearing date, I know from experience and the many cases we run at Landlord Action, Most Judges will not grant the leave and take the work away from the court bailiffs, its the luck of the draw as to what Judge you have at the hearing. Then you have to rely on the admin of the relevant court to deal with the warrant to be transferred to a High Court Writ.

I have many senior people in the property industry asking about High Court Sheriffs, they did not know about the leave from court aspect and the admin process, which can take time. If you are successful, it can take unto a month and yes can save county court bailiff times We would also insist on giving the tenants 7 days notice of the eviction date, which some of these companies do not do, which in my opinion is bad practice, meaning tenant can not vacate when they go around to evict and landlord has to pay extra fees to Sheriffs because of waiting time.... Read More

Paul Shamplina

14:33 PM, 7th November 2014
About 4 years ago

Paul Shamplina

10:55 AM, 26th September 2014
About 4 years ago

"Can't Pay, we'll take it away." Ch 5 last night

Gillian, in reply to your comment, you have to obtain leave from the Judge on the hearing date for the case to be transferred to the High Court from the County Court, on most occasions we have found from experience that judges do not like granting this leave and don’t like taking work/ fee income away from their bailiffs at their courts. It can be quicker, but you also have to rely on the admin process by the court to deal with the transfer, sometimes not quite simple and can take time. Obviously if you have big rent arrears and the court bailiff is setting down eviction dates for 2-3 months and you can get leave it’s a great advantage, but all dependant on the judge on the day of the hearing. Personally I think good practice from a High Court Sheriff who has a warrant is to give 7 days’ notice advising of the eviction date. They are empowered to carry out the eviction straight away, but tenants need notice to move out. We do offer this service to landlords if we obtain the leave to ‘Transfer Up to the High Court’.... Read More

Paul Shamplina

15:16 PM, 23rd April 2014
About 4 years ago

The Social Housing crisis and Landlords

Reply to the comment left by "Industry Observer " at "23/04/2014 - 13:59":

You are able to serve notices at 7am in the morning, best time to try and hand serve, especially we they are being evasive to a landlord and not paying £4k arrears.... Read More