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I thought this had already been posted to the group but I couldnt find it....https://www.gov.uk/government/consultati...r-evidenceClosing 22nd Jan 2019So Im preparing a submission around the whole repossession side of things - Ive got an idea for a better process and am interested in getting other peoples ideas and input....
My thoughts are:-
1) If we are only going to have 5 weeks deposit we need to be able to start the process of removing a non paying tenant very shortly after that.
2) The current process rewards T that do not engage with it (by just turning up on the day and asking for interpreters / adjournments - and more importantly rewards T that actively defy court orders.
3) The actual court bit isn't too bad - its just the delay waiting for court and then all the over unnecessary faffing about afterwards enforcing the order of the court.
4) The current process incentivises T to stop paying completely instead of what they can afford.
So how about this as an idea for a better process (would require at least secondary legislation changes)....
1) When someone has been in 4 weeks or more arrears for 2 or more continuous weeks you can serve a S8G8 (so 3ish weeks quicker than at the moment)
2) the S8G8 notice period is doubled from 14 days to 28 days (gives more time to resolve it and defendant to organise their case - less excuses for adjournment)
3) when issuing a S8G8 you provisionally request a hearing date from the new housing court tribunal. There is no fee at this stage. (this slices out a big chunk of delay) (also means at a population level will have data on scale of the problem) (courts will have to act like a budget airline and overbook - provisional court date would be +-2 days.)
4) on expiry of the S8 notice the fee becomes payable and the actual court date confirmed - based on current wait times locally to me this would then be about 1-2 weeks after the expiry of the notice. (so here we've taken out about 1 month of delay)
5) If a defence is not submitted to the court the hearing is ON THE PAPERS (remember they've now had 4 weeks notice instead of the current 2 to prepare a case)
6) If assistance is required at the court then this must be requested at least 1 week in advance. Otherwise case will proceed and the T will have to appeal the decision if they are not satisfied.
7) level of arrears for mandatory grounds on day of the hearing reduced to 4 weeks.
8) timescale for possession order remains the same if granted (2 weeks)
9) Scrap the whole warrant stage. Can take a possession order to any certified or high court bailiff for enforcement.
DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.
thanks, but what a poor response! I think everyone is consultation weary as its so pointless. the gov does what it likes regardless and even changes its own mind i.e. 6 weeks deposit, then 5. nla rep said it was to appeal to labour in run up to Brexit vote!!!!
its all very depressing and I have no party I can vote for.
sorry I cant comment on your responses as fortunately never had to evict in 20 years (I think because we dont use agents).
Yeah this is the 3rd one I've done in the last month - but if we as a business sector don't respond at all then we're bound to get something horrible inflicted on us - at least if we respond we can say 'told you so' ! (ditto with the rubber-stamp factor...)