Residential eviction webinar Q & A part 1
Our residential eviction webinar in November was a great success, we’d like to thank everyone who attended. We bring you the answers to your questions in our webinar Q&A part one.
A tenant left my property and owes approximately £4,000 and I have been to court. If I ask you to go ahead in recovering this money will the HCEO fees will added to the debt? She lives with her brother who I am sure has the money to pay, but she has been trying not to pay for years. Do I have any chance of recovering this money?
We would need to know further details, but in principle, yes, this will be enforceable by an HCEO. Assuming that it is a CCJ (county court judgment), then it can be transferred to the High Court to obtain a writ of control. The court fee of £66 for the writ, plus judgment interest and enforcement fees are all recoverable from the debtor. You know where the debtor lives, which will help. However, if she is living with her brother, the HCEO will not be able to take control of any of his goods, only hers.
Can the agent sign for the landlord (i.e. if they were overseas) to give authority to proceed?
Yes, the agent can act on behalf of the landlord, if the landlord has given authority for the agent to do so.
Can you apply for transfer when applying for a possession order? Is so how do you do it? Do you ask for permission to transfer at the court hearing or in the initial paperwork?
The best time to apply for the transfer is at the point of initial application for the possession order. You make the application using form N244 (a £100 court fee applies) and submit this with your application. We suggest you stress the need for speed to remove tenants to prevent damage and loss of revenue and that using an HCEO will enable you to regain possession more quickly.
Can you make a claim for possession requesting a transfer to the High Court when making an accelerated possession claim?
Yes, you can.
Do you put the reasons for your request to transfer to High Court on the request for judgment to avoid the transfer fee?
The court fee to transfer up the order and obtain the writ of possession is currently £66. This must always be paid.
The reasons for putting your reasons on the request are to help persuade the judge to grant the application.
How can we obtain permission to transfer up in the initial application when the set of claim won’t allow for it, and the judge wont generally allow an oral application for something that isn’t pleaded?
You need to apply for leave to transfer up using form N244 at the point of initial application.
How often does a judge refuse a request to transfer and is there a general reason the judge wouldn’t allow it?
It can happen, but less so as judges become more aware of the formal procedure put in place by the Senior Master in 2016. A well founded and structured argument put forward from the outset will help greatly.
I have gained possession of my property a few weeks back by using the CCB. I have a possession order for the monies owed. Can I use the HCEO to recover the money owed?
In this instance, because the County Court bailiff enforced the possession order, you will also need to use them to recover the monies owed under the possession order.
What are the HCEOs’ powers on forcing entry if the tenant fails to open the door or has barricaded it?
In the case of the enforcement of a writ of possession, this instructs the HCEO to regain possession of the property on behalf of the owner. If the doors are not opened or the property is barricaded, the HCEO is permitted force entry.
What do you do if the tenant informs you that they have made an application to set aside/appeal the order?
An application to set aside or appeal does not stop enforcement. The application or appeal must have been granted to prevent enforcement.