Forum Sponsor - High Court Solutions, fast evictions and rental debt recovery specialists

Discussion in 'Help! Landlords & Investors in Distress' started by totallyproperty, Jul 5, 2016.

  1. totallyproperty

    totallyproperty Administrator Staff Member

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    Our Company specialises in the Enforcement of High Court Writs, Domestic Repossessions, Lease Forfeiture
    and Commercial Rent Arrears Recovery, amongst other services. People are not aware that any CCJ over £600 can
    be transferred to the High Court for £60 for enforcement purposes

    One area which greatly enhances the service provided High Court Solutions is the knowledge and experience
    held by some of the team members, in particular David Brason, providing an understanding of the operations of
    multiple business sectors, Bailiff Law, Insolvency and Corporate Law.



    Watch our High Court Enforcement Officers on Channel 5... Click here to watch the trailer.

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    Domestic Repossession


    For Private Landlords, gaining possession of their property at the end of a tenancy can sometimes be a
    traumatic experience. For Landlords, who only use the process on an occasional basis, all the Rules &
    Regulations can appear daunting.

    A brief 3-step summary of the eviction process is below, however, remember this is only intended as general
    guidance, it is not, comprehensive nor legal advice and unless you know exactly what you are doing, it may be
    sensible to appoint someone to act on your behalf.

    Step 1 – Serve a notice of seeking possession
    For properties let on an Assured Short-hold Tenancy agreement, Landlords will usually regain possession
    of their property by serving a notice of seeking possession under Section 8 or Section 21 of the Housing Act 1988.
    You should be aware that the rules in respect of Section 21 were changed on 01 October 2015.

    Step 2 – Apply for a Possession Order
    If your Tenant does not vacate the property by the expiry date on the Section 8 or Section 21 notice,
    you will need to apply to the County Court for a Possession Order. If considering using a High Court
    Enforcement Officer to speedily undertake the eviction, then an Application under Section 42(2) of the
    County Courts Act 1984 needs to be done at the same time as requesting the Possession Order –
    however, we would strongly suggest that you get advice before making the application to ensure success.

    Step 3 – Organise the eviction
    If your Tenant refuses to leave by the date given in the Possession Order, you can apply to the
    County Court for a Warrant of Possession. Once granted, the Court will arrange for an Enforcement

    Agent (formerly called a Bailiff) to evict the Tenant from your property. This can be quite a slow
    process and the Bailiff will write to the Tenant to let them know when the Eviction will take place.

    Alternatively, for a much faster response you can seek assistance from a High Court Enforcement

    Officer (HCEO) who can apply to the High Court for a Writ of Possession.


    Lease Forfeiture
    Again there are Rules & Regulations that must be adhered to; The Lease must be purely Commercial
    (not mixed supply); can only be in respect of pure ‘Rent’, not Service Charges ect; the Lease must be in writing.


    Commercial Rent Arrears Recovery [CRAR]
    A Landlord can no longer “Distrain” in person and must instruct a Certificated Enforcement Agent
    to undertake the necessary Enforcement. Rent must be 7 days, or more, in arrears. 7 days’ notice must be
    given to the Tenant if CRAR is be used.


    Writs of Control
    A simple, yet cost effective method, of enforcing CCJ’s valued at £600 or more and less than six years old.

    Further in depth guidance on Enforcement can be obtained by contacting High Court Solutions on
    0300 303 3220.
     
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