Urgent action required – MoJ Enforcement of Possession orders consultation

by Larry Sweeney

10:51 AM, 26th February 2019
About 8 months ago

Urgent action required – MoJ Enforcement of Possession orders consultation

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Urgent action required – MoJ Enforcement of Possession orders consultation

The newly formed National Landlords Alliance has submitted proposals to the ministry of Justice concerning possession procedures.

From the moment we set up, we identified the problems being faced by landlords when attempting to recover possession of properties, from delinquent Anti-social Behaviour tenants and rent defaulters. This issue is now under review by the Ministry of Justice. We urge all landlords to go on the website and submit our suggestion.

We want all certificated enforcement agents to be allowed to enforce possession orders. The current situation is that only county court bailiffs can do so, resulting in long delays. If a landlord wishes to expedite the process he must apply to transfer it to the high court.

Leaving the issue of more red tape aside, costs will be substantially more for a landlord taking this route. The chances of landlords recovering these costs from tenants is next to nil.

The current system is not fit for purpose.

Our suggestion is by far the best way forward. The landlord obtains his possession order, passes it directly to one of the many enforcement agents all over the country. Costs are kept down and court orders are enforced immediately.

Landlords please put your submissions on the MoJ website: Click here. Consultation closes in May.

We are working extremely hard and need your help to succeed. Every reader should join the alliance now to make us a real fighting force.

Please help us to help you and join us now www.landlordsalliance.co.uk



Comments

Mick Roberts

11:30 AM, 26th February 2019
About 8 months ago

Thanks for alerting us to this.

That survey, is all jargon & talking to it's seemed we are all Professors with University English Degrees.
They should have made it more User Friendly.
They talking in far too complicated a language to normal landords.

I've had to do 2 evictions last year, both for rent arrears & smashing house up, where Licensing would make ME fix the house.
Both tenants still homeless, one lost her kid. They can't get anywhere now cause as time goes on, more Landlords know how hard it is to get unruly people out, so they not housing these vulnerable people any more.
So the harder u make it for eviction, the worse it gets for the tenants going forward.

Brightfull Limited

12:16 PM, 26th February 2019
About 8 months ago

Just for info, it is not correct that " The current situation is that only county court bailiffs can do so" as High Court Enforcement Officers (HCEOs) can also undertake the enforcement of possession orders, and usually within days.

Yes the costs reflect this, often £600+, but getting your property back quickly more than outweighs this expense I would suggest.

Larry Sweeney

13:01 PM, 26th February 2019
About 8 months ago

Please read my offering again. I clearly stated that the two methods for enforcing posession orders are the county court OR transfer up to the high court.
Our proposal simplifies this process. We say that all certificated enforcement agents should be empowered to enforce these orders. Simple, quick.and more cost effective.

Brightfull Limited

13:13 PM, 26th February 2019
About 8 months ago

Reply to the comment left by Larry Sweeney at 26/02/2019 - 13:01
Absolutely correct, sincere apologies.

John Frith

16:07 PM, 26th February 2019
About 8 months ago

This seems a sensible suggestion, so I'm wondering what possible arguments there would be against it? And I'm wondering what the arguments were that led them to narrow enforcement to the High Court Bailiffs in the first place?
Just trying to work out what the reactionaries will say!

Brightfull Limited

11:16 AM, 27th February 2019
About 8 months ago

Reply to the comment left by John Frith at 26/02/2019 - 16:07Hi John, technically there weren't arguments to allow High Court Bailiffs (HCEOs) to enforce possession orders it's just that 'normal' certificated enforcement agents can't enforce county court (or High Court) judgments without working under the authority of an HCEO
This has been a long standing argument for many years and one that is clearly set to be ignited again given the consultation.

Larry Sweeney

14:23 PM, 27th February 2019
About 8 months ago

Thanks to Brightfull , apology appreciated. Yes Enforcement agents must be badged by the High court meaning that they then are HCEA and able to enforce High court orders. It is cumbersome and costly. High court enforcement companies will not like our suggestion, that this enforcement is opened to all Enforcement agents but there is absolutely no reason to retain the status quo. High court agents go through exactly the same process under the TCE to become certificated. Enforcement agents already act on commercial rent, council tax arrears, business rates , child support etc. There is no reason what so ever preventing them enforcing posession orders. The failed regime that we currently have could be rectified immediately.
Landlords join the Alliance and join us in calling for all certificated Enforcement agents to be empowered to enforce these orders.
http://Www.landlordsalliance.co.uk.

DALE ROBERTS

14:56 PM, 27th February 2019
About 8 months ago

My request to the County Court to have my eviction transferred to the High Court was refused by the Judge, notwithstanding the huge amount of almost GBP 20 000 of rental arrears and that the tenant was a serial offender who had a history of evictions for the same reason. The request cost me GBP 1 200 but was unsuccessful.
I don't think landlords should assume they will automatically be granted the right to transfer to a higher Court.

Sue Twyford

15:03 PM, 27th February 2019
About 8 months ago

Reply to the comment left by DALE ROBERTS at 27/02/2019 - 14:56
Hi Dale - are you entitled to receive a "rationale" from the court for such a refusal? That is a huge debt ! I've recently been through the "possession" procedure and was advised that the judge only grants CC bailiff, HC enforcement only applied if there was risk of violence (the tenant's not mine !). That meant another 6 week delay.

Brightfull Limited

15:22 PM, 27th February 2019
About 8 months ago

Reply to the comment left by Larry Sweeney at 27/02/2019 - 14:23
The main issue is that the "authorised" High Court Enforcement Officers (HCEOs), of which there are very few, very rarely do any of the 'on the road' enforcement themselves. They use the usual certificated enforcement agents that as you state already undertake several areas of enforcement.

However I must state that HCEOs themselves, albeit some were 'grandfathered' in many years ago, now have to go through a significant educational pathway before being 'authorised' by the Senior Master at the HCEO Association's (HCEOA) recommendation. They then delegate this authority to the certificated enforcement agents (CEA) who whilst undertaking the Taking Control of Goods Level 2 exam, do not go through the same level of education/training.

I'm not saying this is right, it is however, how the current system works.

It will be interesting to see whether the government take on board the issues that are clear and apparent to Landlords and allow CEA's to undertake the enforcement of possession orders without the authority of an HCEO.

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