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  • Buy-to-Let

    Possession Order from court

    Been to court today to seek a possession order, the legal and court system is such a joke. Fortunately i havent had to do this for a while but i left questioning why i do this. We are owed just short of £3k - basically February onwards at £350pcm for a 1bed flat.

    The tenants defence was 2 fold:-

    1/ He's unemployed because he broke his leg badly, it had top be plated and pinned.

    2/ His class A drug dependency has 'come back'

    He turned up late, then decided he wanted CAB to defend him, so we adjourned for an hour while he got his free legal advice (my paid legal advice then has to wait around). He told the court he broke his leg fighting with a policeman.... as you do.

    The judge reluctantly granted possession but said because the tenant was suffering undue hardship, 14days wasn't appropriate or fair, so ordered 42days. On costs. we were refused all of our costs and granted a third.

    I really wanted to ask the judge about our hardship???

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    Phil Stewardson.

    Stewardson Properties.

    Stewardson Developments Ltd.

    Burson Land Ltd. & Jennings & Gilchreaste Ltd.

    http://www.stewardson.co.uk

    Follow me on twitter - @philstewardson

    Farcical.

    So it is now an expectation that private landlords will offer free housing to drug addicts and criminals.  If possession law was revised surely it would be easier for benefit renters to get affordable housing and rents for that demographic may well go down.

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    Hi Phill,


    yes EA the law is an ass. Everytime I go to court I think the same thing and want to Stop being a landlord. What with this and the government screwing us I often wonder if it's all worth it.

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    I honestly think we were lucky that the possession was mandatory otherwise i genuinely think the judge would have given him god knows what, perhaps awarded him the freehold because of the hardship hes suffered.

    I just dont understand why or how judges are so out of touch.

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    Phil Stewardson.

    Stewardson Properties.

    Stewardson Developments Ltd.

    Burson Land Ltd. & Jennings & Gilchreaste Ltd.

    http://www.stewardson.co.uk

    Follow me on twitter - @philstewardson

    How are those even defences?  Why does being a landlord open you up to being legally mugged?

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    Did you let to the tenant after the viewing or did an agent find him?

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    I've just been through the process myself. My former tenant’s benefits were cut and the council informed her that she would need to go through the whole eviction process before they could find her another place. Whilst there is some rationale behind the council’s thinking in that they want tenants to generally stay put and not move around as they please, the system itself punishes hardworking landlords.

    Having gone through the protracted legal process, which has lasted most of this year, I finally met the bailiff last week and got hold of my keys. The appointment was at 10am and I was his 6th appointment of the day!

    Once I had changed the locks, I had a proper look around the flat. Seems like my tenant could afford Sky TV, just not my rent!

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    Phil,


    You haven't got possession yet! (7 weeks for a Bailiff in London, and I've had them not turn up - "stuck in traffic" & I still had to pay).

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    It is clear from the comments from some of the many professional LL that business is being impacted by the continually dysfunctional eviction process especially in cases of rent arrears.

    It is rent arrears for WHATEVER reason that cause most of the evictions .

    It is clearly scandalous that LL are subjected to such rent losses.

    The eviction process is a major impediment to business viability should any LL find themselves unfortunate to have to use this eviction process.

    Too few LL are prepared to accept their vulnerability to the eviction process.

    Just watched the latest episode of NMTSLL.

    Most distressing to see how LL are being victimised by the eviction process..

    LL are being hung out to dry by Govt.

    Surely it cannot be too much of a stretch for Govt to amend the eviction process to 14 days in arrears and out you go with police assistance if required?

    No business can survive months without being paid for its services and yet that is what happens to LL, all perfectly legal!

    Personally after many bitter and permanently financially devastating experiences of rent defaulting tenants I tend to use RGI as the only viable defence strategy I have against wrongun tenants .

    This means that certain tenants are not viable for me.

    As such the eviction process restricts my ability to take on tenants who can't pass RGI checks.

    Govt must change this useless eviction process for cases of rent arrears.

    It discourages LL letting to tenants who are not rich.




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    Some judges are just fecking assholes and completely anti-landlord, why are landlords human rights never taken into consideration when junkie scumbags always are?

    A guy told me yesterday that in China anyone caught with drugs is shot in the head and the family pays for the bullet. Funnily enough there isn't much of a drug problem there.

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    Franks, We used an agent on a 'tenant find' basis.

    Nick P, 2 weeks for a bailiff down here.

    The tenant asked the judge if he could speak, the judge agreed and he said "Please dont grant this because then the property will be empty and surely its better to be occupied. I get on well with the landlord and next time he could get a bad tenant" His dealer had clearly given him some real good stuff!


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    Phil Stewardson.

    Stewardson Properties.

    Stewardson Developments Ltd.

    Burson Land Ltd. & Jennings & Gilchreaste Ltd.

    http://www.stewardson.co.uk

    Follow me on twitter - @philstewardson