Paul Shamplina to star in third series of Nightmare Tenants, Slum Landlords (5th March)

It seems as if Mr Shamplina has trapped wind, which he is finding difficult to release. Take Laxative.

We are all going to be taking a natural laxative on the 6th April, (Tenant Tax day).

We need more than a laxative or database with some rogue tenants.

Hows-about campaigning for the ability to issue court proceedings as soon as a section 8 is issued for Grounds 8, 10 & 11, (similar to grounds 14)?

Reducing the CPR, (Civil Procedure Rule) time lag from 4 weeks to 5 days on the PCOL system.

What about limiting UC or LHA processing to 4 weeks or the authorities have to step in and pay for a benefits tenant, in advance?

Or limiting the time between an eviction notice date and the original previous court appearance to 7 days?

or Allowing HCEO's to deal with County Court Evictions instead of the pathetic case uplift system?

Create the offence of Fly Tipping against tenants that leave rubbish in a house they have no longer the legal right to live in?

Giving judges the ability to instruct HMRC or DVLA to disclose the new address of a tenant that has done a runner, for a £10 uplift on the MCOL or PCOL system.

I wonder how long our institutional investing landlords will put up with the Prevention from Eviction Act?; Before their buddies in government issue a "review"?

Reply to the comment left by "Gary Dully" at "04/03/2017 - 09:24":

Hi Gary, you may recall we had chat about Section 8 Notice on other thread. I have hearing on Monday and the tenant has not submitted any defence. My Solicitor has checked it online. This is despite, couple of weeks ago, she seemingly had Legal Aid Solicitors, after we submitted our Rent statement to other side, we did not hear peep from them. I also got Monetary Judgment for arrears in small claims court and we annexed it to witness statement.

My question is, in the light of the fact, she has not submitted any defence, could she still turn up on hearing day, start saying things to judge such as I paid him in cash etc and he could list it for trial? or even she could make up things like disrepairs etc to prolong the process? Or Judge will ask the evidence there and then?

Reply to the comment left by "Simon Hall" at "04/03/2017 - 09:50":

Hello Simon,

On the hearing day, the tenant doesn't have to be there, but you do!

They can still appoint a legal representative, but if you have issued a section 8 notice on grounds 8, and the tenant is still in arrears past 8 weeks or 2 months, the judge will have enough knowledge to know its a MANDATORY eviction.

If they don't - just remind them, POLITELY!

If they say they have paid cash, ask them to prove it with a receipt with your signature on it. If they cant, just tell the judge that they are trying to mislead the court.

If you only issued on Grounds 10 and 11 also, the least you could expect is a suspended order for eviction, but the judge will probably make a decision based on the Mandatory rule, despite not having it on your section 8 notice.

The judge will be sympathetic to the tenant if they show up, until judgement time, when their mood usually changes after making you feel some pressure.

If disrepair is mentioned simply say that your tenancy agreement covers such matters, you have not been notified in writing about any and the tenant has not followed the CPR rules for disrepair, in which case, you view this as another attempt to mislead the court.

Don't say you have been informed verbally or you may be in trouble.

If they don't show up, the judge will be polite, but brisk with you.

In which case it will be over in 5 minutes, because the judge will have another 14 repossession cases to deal with.

Remember to ask the judge for the rent arrears, if you haven't done a separate claim already, the tenants deposit number with the DPS should be on the judgement, the amount of deposit and the cost of the case.(If no money involved - just the court costs)

Also ask for permission to uplift to a High Court, because the tenant has already indicated, and has also been told by their council representative, to ignore any court judgement until you have instigated a County Court Bailiff to obtain further housing.

Tell the judge that you contacted the bailiffs office earlier this morning and their lead time is at least 11 weeks and you cant afford the additional loss of income.

The bailiffs office will be closed by 10.30am as they are too busy to check with, so its doubtful if the judge will check, but they will know the situation as many are circuit judges and do a fair bit of travelling, but check yourself beforehand.

Make life easier for yourself and make sure the court has a copy of your case paperwork at least 48 hours before the case.

Have a copy for the tenant or their rep and a copy for you, get to the court about 30 minutes before the case, the court usher will inform any defence solicitor of your arrival, at which point offer them your case notes.
(The judge may ask them if they have seen them), if its a yes - the judge will ask the defence what their case is).

Your pack should include

A CPR Compliance statement, (Witness Statement), stating the tenant has been given an up to date statement of rent as prescribed under PCOL Civil Procedure Rules, within 7 days of issue of court summons.
Gas Safety Certificate
EPC
Mandatory Licence (if required in your area)
Warning Letters To Tenant & Responses, if any.
Witness Statement of Service of Section 8 Notice
Section 8 Notice (signed by you)
Tenancy Agreement
Deposit Certificate with reference number on it.
Statement of arrears - (NOTHING ELSE JUST RENT ON IT, with a running total of arrears on the right hand column).
Dont ask for costs for issue of section 8, the defence solicitor may ask for the case to be thrown out as it breaches CPR for PCOL rules.

Its quite a lot, but you are asking a judge to make somebody homeless, so all you have to do is be prepared.

Best of luck

Reply to the comment left by "Gary Dully" at "04/03/2017 - 15:43":

Thanks Gary. Is it possible I can have chat with you? Can you please ping me your number via email?

Hallsimon509@gamil.com

Reply to the comment left by "Simon Hall" at "04/03/2017 - 16:14":

Pinged, give me a call around dinner time, so I can watch the Sunday politics.

Reply to the comment left by "Gary Dully" at "04/03/2017 - 22:17":

Thanks Gary! But your email did not come through!

Reply to the comment left by "Simon Hall" at "04/03/2017 - 22:24":

I suspect Gary made a typo on the email. Surely it should end @gmail.com
.

Reply to the comment left by "Mark Alexander" at "04/03/2017 - 22:40":

Thanks Mark. Your attention to detail is commendable.

Sorry Gary, please ping me your number on Hallsimon509@gmail.com

Reply to the comment left by "Mark Alexander" at "04/03/2017 - 22:40":

Pinged,

I had already guessed, thanks Mark.