Beware Companies Offering 7 day Evictions
High Court Enforcement Companies- Offering 7 day Evictions- Beware.
As specialists in fixed fee evictions nationwide, we at Landlord Action get asked all the time by landlords and agents if we can obtain an eviction date from a High Court sheriff, rather than having to wait for a bailiff eviction date, which could take longer. Only recently, I carried out some filming for BBC 1’s Inside Out London programme (due out in January), and met with a bailiff from Bromley County Court who advised me she had 14 evictions that day. Bailiffs are extremely busy and understaffed.
To arrange for a High Court Enforcement Officer (HCEO) to carry out an eviction instead of a county court bailiff, you have to obtain leave from the county court judge to ‘transfer up’ to the High Court under Section 42 of the County Court Act 1984. You would request for the leave on the hearing date to the judge and then it is up to the judge’s discretion if it is granted or not. We request for this leave at all of our hearings, but the majority of the time, judges refuse it as they do not want to take the work (income) away from the county court bailiffs. If the leave is obtained, you have to send the court order along with an application to the court to carry out the administration in order to turn it into a High Court Writ.
The timescales for this vary depending on what court you issue it at. We are aware of some franchise bailiff firms operating under the authority of a single authorised High Court and advertising guaranteed 7 day evictions without the need for transferring the county court order for possession to the High Court for enforcement. Without this leave, the writ of possession is invalid and any action taken is illegal. If the High Court Enforcement Officer has evicted the tenant illegally, then the tenant, the council and any other affected party can make a claim against the landlord, the company that evicted them and the authorised HCEO personally.
Whenever we are successful in obtaining a leave and instructing a HCEO, we always make sure the leave has been granted on the possession order and will always set down an eviction date so that the tenant knows when they are being evicted. Generally, it can take up to a month, give or take. Some of you may have seen a HCEO attending a property to carry out an eviction on television, where the tenants were unaware that the bailiffs were coming as they are awaiting the eviction date to take to the council for re-housing. This results in a lot of wasted time while tenants pack their bags and results in landlords being charged extra fees. I do not agree with this practise.
It is important that landlords and agents that instruct High Court Enforcement Officers ask the eviction company/solicitors they have instructed, to see a copy of the possession order that has leave to transfer up to the High Court under Section 42 of the County Court Act 1984.
If you are interested in this service, please contact our advice line team on 020 8 906 3838.
Precise Treatment Reduces Pain
Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.
Serving a notice is actually the most important part of the possession process.
It isn’t complicated but one tiny error can cause dreadful problems.
That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.
1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.
2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.
3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.
Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.
Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.
If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.
Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.
As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.
You can speed things up – give us accurate information quickly. Help us to help you.
There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!
If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.
We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.
If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.
Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.
If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.
If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.
Fast Action Reduces Pain
Main objective: get the property back.
Best action: very precise treatment.
We’ve been doing this since 1999. We know it’s all about the detail. Detail needs experts. Expert time is worth it when it saves you a costly mistake.
Since 1999 we have acted in over 32,000 Instructions.