Urgent action required – MoJ Enforcement of Possession orders consultation

by Larry Sweeney

10:51 AM, 26th February 2019
About A year 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

DALE ROBERTS

15:40 PM, 27th February 2019
About A year ago

Reply to the comment left by Sue Twyford at 27/02/2019 - 15:03
The Judge at Bromley County Court stated that he felt County Court Bailiffs could attend to the eviction and requesting High Court Bailiffs to do the eviction was "taking work away from County Court Bailiffs".
It took a further month for this to be actioned by the County Court giving a total of 8 months free accomodation to the defaulting tenant who was quite determined to await Bailiffs as per the advices received from Shelter et al.

John Frith

15:51 PM, 27th February 2019
About A year ago

Reply to the comment left by Brightfull Limited at 27/02/2019 - 15:22
Thanks Brightfull. So are the HCEO's going to claim that the CEO's aren't trained to take possession of a property unless supervised by the HCEO's? If so, is there a counter argument?

Brightfull Limited

15:55 PM, 27th February 2019
About A year ago

Reply to the comment left by John Frith at 27/02/2019 - 15:51
It is more to do with a legal understanding of dealing with the county court judgment and the proceedings and laws surrounding them.

Again, not my argument but one that has been put forward many times before.

Alfington

15:57 PM, 27th February 2019
About A year ago

I am on the site now, looking at the consultation document. To my dismay there are many question, all of which ask you to explain your answer. As I am not familiar with possession procedures and difficulties it is not obvious to me what the
answers should be. One, for instance, chosen at random, asks whether possession notices should be delivered as follows:

4. (a) To whom should the notice be addressed and (b)where should it be delivered? In particular, should it always be addressed “to the occupiers” and delivered to the premises?
4(a)
Tenant
Occupiers
Others
4(b)
The premises
Other
Please explain your answer:

This is only one of many questions to which the solution we prefer is not at all clear to me. I appreciate that we should all work together to improve the landlord’s lot, but I need to know what it is that we seek before I can complete questionnaires like this. Obviously it would be more work for you but I suggest a crib sheet or “model answers” be provided before asking your members to participate in consultations like this.
I cannot complete the survey. I do not know what it is that we want.

Brightfull Limited

15:57 PM, 27th February 2019
About A year ago

Reply to the comment left by DALE ROBERTS at 27/02/2019 - 15:40
Sue, that is a ridiculous statement by the judge but one that I have seen many times.

I am a firm believer that the County Court Bailiffs are not fit for purpose and that they should be disbanded. Many could easily be employed by the private sector if their enforcement work was put to them.

DALE ROBERTS

16:44 PM, 27th February 2019
About A year ago

Reply to the comment left by Alfington at 27/02/2019 - 15:57
I concur.
The questions are intricate and complicated, especially for a novice like me who has experienced only one, albeit ghastly, eviction.
I gave up but I'm willing to wade in again should a "crib" sheet be provided.

Brightfull Limited

17:01 PM, 27th February 2019
About A year ago

Reply to the comment left by Alfington at 27/02/2019 - 15:57
Alfington, just to explain part of that question, I recall legal argument that addressing the possession order to the tenant(s) only prevented the enforcement agents from removing other occupants from within the property concerned.

wanda wang

21:19 PM, 27th February 2019
About A year ago

Reply to the comment left by Larry Sweeney at 26/02/2019 - 13:01
It is a good thing to speed up the enforce court order, but the problem lay before you get possession order, it took long time, 3 months plus.
Wanda

Jireh Homes

8:17 AM, 28th February 2019
About A year ago

Like other commentators, have started submitting a response to the survey but struggling on many of the questions as not familiar with the forms and processes. Up to Q25 (having skipped many questions) and so far not seen any opportunity to argue the expansion of enforcement to all certified enforcement agencies. Further guidance is desirable if we are to influence the outcome.

Rennie

21:42 PM, 1st March 2019
About A year ago

Reply to the comment left by Jireh Homes at 28/02/2019 - 08:17
None of the questions ask whether we want the County Court bailiffs to be able to evict after the expiration of the time allowed for contesting the possession order. So...………... Just put this as an answer to most of the questions and they may get the message!

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