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Our thanks to all those who attended our webinar in October. We had several questions from participants and bring you the second round of answers to these in part two of our Q&A. You can find part one here.
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.
Can you make a s42 application to transfer up on an accelerated possession application? If so, does one simply file the N244 simultaneously as the accelerated possession proceedings?
Yes any order can be requested to be transferred from the county court to the high court. You can include permission to transfer in the main application. Should you not have the s42 granted, then you would have to file the N244 after the possession order is made.
If a tenant has been in residence without a tenancy agreement, do the rules on eviction still apply?
Yes, the fact a tenant does not have a written tenancy agreement does not affect a tenant’s statutory legal rights. If there is no tenancy agreement, the landlord will have to use the standard court procedure and attend a hearing so, they can explain to the Judge why there is no written agreement.
If you do not have any statements, is there any way to find out whom the debtor banks with in order to obtain a third party debt order?
You can go to court and obtain an order for information. This will require the debtor to provide the information you request. However, this will alert them to your intentions and take any element of surprise.
Going forward, with new tenants, we would recommend that you ask for their bank details when you start the tenancy. It is always better to set up a direct debit to obtain the details, rather than relying on a standing order.
In my experience in London County Courts, District Judges are routinely refusing to transfer to the High Court - simply as a matter of policy. I have been refused such orders not only upon applying at the hearing itself, but also upon making an application in N244. Is this just a London thing - are County Courts elsewhere disposed to grant permission to transfer?
A transfer to the high court is at the judge’s discretion; we have transferred cases that have originated out of London courts. I would ensure you state your case well, as the judges do not appreciate a request without good cause.
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
Just a mention re payment methods
It is NOT possible for a private LL to set up a D Debit payment
Tenants have to set up a standing order or faster payment mandate
There may be a possibility that a Ltd company LL could set up a Direct Debit but usually DD is only allowed for proper institutions.
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