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Landlord and Tenant News: County Court Suspends Bailiffs Appointments

  • Posted on

In the papers today was the glum news that property prices are falling. That is never good news for landlords wanting to re-mortgage but some may see it as an opportunity to increase their property portfolios despite the increased tax and legislative burdens being placed on landlords.

What is likely to create additional concern about the economic future of buy-to-let property portfolios is the recent changes in London with the county court suspending bailiffs’ appointments. The solution is to transfer proceedings to the High Court.

In this article, our landlord and tenant solicitors look at the recent announcement and its impact on London landlords.

UK Online and London-Based Landlord and Tenant Solicitors

For landlord and tenant legal advice call OTS Solicitors on 0203 959 9123 or contact us online.

Bailiff appointments suspended by the Central London Court

The Central London Court has announced that bailiff appointments are suspended for the forseeable future. There is no date offered for the resumption of bailiff appointments. That is concerning news for landlords with tenants who are not paying their rent or otherwise causing a nuisance or landlords who need to regain possession of a property so they can resume living in it.

The housing team at OTS Solicitors has started to see inquiries from landlords across London asking how the news will affect them and questioning why the decision to suspend bailiff appointments has been made.

The explanation given by the Court service is ‘health and safety’ and the lack of personal protection equipment (PPE) for bailiffs. A court spokesperson was quoted as saying that PPE was being sourced to enable evictions to proceed safely and securely. Frustratingly for Landlords, no timescale has been put on how long it will take to buy and distribute the PPE.

High Court option to secure evictions

In the absence of being able to use the Central London Court bailiff appointment service, landlord and tenant solicitors are recommending that landlords consider using a High Court Enforcement Officer (HCEO) to secure evictions.

Using an HCEO to secure an eviction involves transferring existing County Court proceedings to the High Court. Once the proceedings have been transferred then a High Court writ of possession is required to evict tenants from residential properties.

If you are contemplating starting possession proceedings in London then you should consider asking the Court to transfer the proceedings to the High Court when applying for the possession order. An application can be made at a later stage in the Court proceedings but it is best to do so at an early stage.

A transfer to the High Court may be off-putting to some landlords but the landlord and tenant lawyers at London-based OTS Solicitors believe that this is the most cost-effective solution for landlords rather than wait for bailiff appointment services to be resumed in the County Court at some unidentified point in the future.

Landlord and tenant services

Our housing team acts for landlords and tenants so we understand both sides of the picture and the best strategies to adopt to reach a quick resolution or how to secure the court order you need.

We understand that from a landlord’s point of view, speedy and cost-effective legal advice and communication is the key to a successful working relationship between landlord and solicitor. If you are a tenant caught up in a deposit dispute or a housing disrepair claim we understand the utmost importance of the claim to you and your family and do our best to resolve claims and disputes as quickly as possible.

We have substantial experience in all types of landlord and tenant disputes, particularly possession orders and disrepair disputes.

Our landlord and tenant team can help landlords with:

  • Tenancy agreement advice
  • Deposit disputes
  • HMO advice and HMO regulatory issues
  • HMO rent repayment orders
  • Guidance on right to rent legislation and compliance
  • Dealing with anti-social behaviour
  • Section 8 notices
  • Possession proceedings
  • Evictions

Our landlord and tenant solicitors can help tenants with:

  • Reporting disrepair issues to agents and landlords and following up
  • Pre-action process for disrepair claims
  • Letters before action
  • Negotiations with agents and landlords
  • Offers for rent reductions and compensation
  • Negotiating early surrenders
  • Harassment claims
  • Possession proceedings
  • Deposit disputes

For landlord and tenant legal advice call OTS Solicitors on 0203 959 9123 or contact us online.

What our landlord and tenant clients say about OTS Solicitors:

  • Posted on December 14, 2022
  • We cannot thank Nolliene enough for the services that she has rendered on our behalf. We are very grateful for all her hard work, support, and guidance through a difficult case and for displaying experience and skill to get the best possible result for us. We will gladly recommend OTS Solicitors to anyone that may ever need it.
  • Case type: Landlord and Tenant
  • Case workers: Nollienne Alparaque.

UK Online and London-Based Landlord and Tenant Solicitors

For landlord and tenant legal advice call OTS Solicitors on 0203 959 9123 or contact us online.

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