Eviction of residential tenants Q&A – Part one
Our thanks to all those who attended our webinar in October. We had several questions from participants and bring you the answers to these below.
If you have any other questions about evicting tenants under section 42 (s42) of the County Courts Act 1984, please do get in touch with us via email or give us a call on 08450 999 666 and ask for Michael.
When applying for an order for possession, should we request the order to be transferred to the High Court?
If you need to recover the property quickly and you cannot wait for the County Court Bailiffs, then we would recommend you request permission to transfer up using section 42.
If you apply for permission and it’s included in the court order, do you have to use it or can you still use county court bailiffs?
If you have obtained permission transfer up to the High Court then, under the guidance issued by HMCTS in February 2015, the county court loses jurisdiction when it is passed to the High Court.
What are good reasons for a transfer to the High Court under s42?
Good reasons to transfer up would include loss of revenue, resulting in economic hardship as a result of having to wait a significant time for the County Court Bailiffs to conduct the eviction.
Another good reason is to remove the tenants quickly to avoid a real risk of significant damage to the property. Any other supporting evidence, threats of violence, antisocial behaviour, refusal to comply should be brought to the courts attention.
On what grounds can permission be refused?
You have to remember that the request is at the judge’s discretion. One application was refused stating that the county court has the resources to action the eviction in a timely manner.
You might be able to help your case by providing details of your compliance with the process set out by the Senior Master. Advising the court that notice will be given to the tenant prior to eviction is a good point to make.
Following on from this webinar we developed a free complimentary eBook, covering the up-to-date procedures and forms, for property solicitors, landlords and agents. Download your free copy: http://bit.ly/2fi6ecn