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High Court tenant evictions from residential properties


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Over the last 10 years there has been a significant increase in the use of HCEOs to evict tenants from residential property once an order for possession has been granted by the County Court.

 

This increase has in large been due to underinvestment in the Court Service and the lengthy delays by the County Court Bailiffs at each court. In recent years these delays have been as long as 4 months

 

Understandably landlords have looked for a quicker resolution to getting their property back.

 

Step in the HCEO.

 

However, for an HCEO to be able to enforce a possession order against anybody other than squatters he MUST transfer enforcement to the High Court using section 42 of the County Court Act 1984. Without this transfer, any eviction carried out is illegal and would no doubt lead to claims for damages to the landlord, the HCEO company and the HCEO personally.

 

It should be remembered that once an order for possession has been granted the tenant should vacate the property by the date stated on the order. Unfortunately it is all too common for Councils to advise tenants to stay in the property until they get a letter from the County Court Bailiffs with an eviction date.

 

A significant problem lies where the landlord has chosen to use an HCEO and no such notice is sent. At this stage, there is no requirement for an HCEO to send notice as the regulations only provide that the possession date has passed and therefore the writ is enforceable.

 

In the circumstances, it would prudent for any tenant faced with a possession date to make any arrangements necessary before waiting for the bailiffs notice as this may never arrive and the first they will know is when the HCEO knocks on the door.

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Unfortunately it is all too common for Councils to advise tenants to stay in the property until they get a letter from the County Court Bailiffs with an eviction date.

 

Councils wont rehouse people unless they have been actually evicted, HCEO.. by moving out any sooner it is deemed they have made themselves homeless !

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Councils wont rehouse people unless they have been actually evicted, HCEO.. by moving out any sooner it is deemed they have made themselves homeless !

 

This is very true.

 

If you are evicted for Rent Arrears the Council will also deem you "intentionally homeless" & will not provide emergency shelter or a place to live.

 

If you have children then Social Services can help you.

 

A friend I know, was evicted due to Rent Arrears & she received no help at all from her local Council here in Essex. (Apart from being informed she was intentionally homeless).

 

It was Social services who finally helped her, although it took over a year+ before she was given somewhere she could stay long term.

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