Jump to content
House Price Crash Forum
Sign in to follow this  
phead

Naughty Naughty-Landlords Have Been Evicting People Using An Illegal Method

Recommended Posts

Not sure I've seen this before..

"Birmingham had been obtaining permission to enforce in the High Court by without notice applications to the County Court (as they can). But Birmingham then outsourced the obtaining of a writ to an external High Court Enforcement agent and their external solicitors.

These external firms then applied for a writ using form N293A and writ form 66. The N293A has at the bottom the words “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”. Permission of the High Court is not required for the issue of a Writ against trespassers (CPR 83.13(3)). But of course, even after a possession order, a secure tenant (or an assured, or assured shorthold tenant) is not a trespasser. Form N293A should not have been used.

It seems that the High Court office, in reliance on the N293A, had simply been issuing Writs. This should not have happened, because permission from a Judge was required – 83.13(2) – and the judge must be satisfied that notice has been given to the occupant(s) in actual possession – 83.13(8)."

http://nearlylegal.co.uk/2015/11/eviction-and-high-court-enforcement/

http://www.landlordlawblog.co.uk/2015/11/17/new-nightmares-for-landlords-using-high-court-sheriffs-to-evict-tenants/

Oh well, no more same day evictions, back to a 10 week wait for landlords!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • Next General Election   91 members have voted

    1. 1. When do you predict the next general election will be held?


      • 2019
      • 2020
      • 2021
      • 2022

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.