The government wants to hear opinions from landlords about improving the legal process for evicting private tenants.
A Ministry of Justice consultation is asking how the rules should change by to combine separate procedures in county courts and the High Court into one standard action.
Landlords can voice their views in an online survey that is open until May 2.
The consultation deals with enforcement of eviction orders made by the courts follow several cases criticising how landlords and tenants are treated by bailiffs and High Court enforcement officers.
The recent Briggs Civil Courts Structure Review also recommended harmonising enforcement into one process.
“We recognise that there is a balance to be struck,” said Lord Justice Coulson, deputy head of civil justice at the ministry.
“On the one hand there may be a landlord who is owed several month’s unpaid rent and who may also be in debt as a result of the rent arrears, and on the other hand tenants or other occupiers who ought to know if they are to be evicted to enable them to make other provision or make their own representations to the court.
“All parties should be treated fairly and with respect. Although this issue arises mainly in the residential context, it extends also to commercial premises but where different considerations may be thought to arise.”
LJ Coulson explained landlords experienced substantial delays executing eviction orders made by the county court, but although the High Court eviction process was quicker, it was also more expensive.
He added that neither court process gave tenants advance notice of eviction and infringed their rights to make an application to the court to postpone or throw out the decision.
Here at the Guild, we highly urge landlords or agents to complete the online survey.
Ihave just come out of court with a 14 day possession order, but the DJ made it clear to my tenant that the bailiffs will take some time to evict her.
We need to privatise the bailiffs to ensure that the delay is kept to a minimum.
There are plenty of private certified bailiffs who could do this work, but so why restrict it to the court bailiffs.
yes John I agree, I have evicted 3 tenants in recent years and each time the CC bailiff was completely useless. If the CC bailiff was a private company they would find themselves in court for unfair contract, failure of service and running a monopoly – badly. I now always use High Court sheriff, that’s if they can fit you in between their TV filming schedule 🙂 But it is silly complex and expensive. However, Sheriff: £800 and out in 2 weeks Versus CC bailiff: £100 and nothing 3 months later, is a no brainer! Note: the 2 weeks is AFTER the 3 months of notices and court processes, and that is without delays.
But what is this nonsense “He added that neither court process gave tenants advance notice of eviction” – I am unclear what planet “LJ Coulson” lives on, not planet England. The process is clear, and tenants get advance legal notice. Perhaps he wants evictions notices to to be delivered by Owls & preceded by a Town Cryer with a bell!
This is probably just another excuse for more controls on the PRS while cunningly appearing to help Landlords.
We urge everyone to respond to the consultation with your stories.
This is one thing we have been asking for in almost every other consultation when the government have asked for views about changing any law (we even mentioned it if it was unconnected with the consultation).
County Court Bailiffs are no longer fit for purpose. The delays to system in possession matters and the ineffective collection rates on monetary judgments cannot continue. They should be disbanded and enter the private sector. In all likelihood they will earn more than they do now.
Many tenants know the law is powerless to evict within a reasonable time and play the system so they can live re t free.
The sooner tenants face consequence of not paying rent the better and not be allowed to walk away Scott free probably to do the same thing to other landlords.
The current system takes far too long to evict