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ARLA pushes for High Court enforcement to speed up evictions

ARLA is  lobbying Justice Secretary Michael Gove urging him to consider allowing High Court Enforcement Officers to enforce possession orders without landlords or their agents have to make further applications.

The association says that currently possession orders issued by the County Court are enforced by County Court Bailiffs; they can be enforced by High Court Enforcement Officers only if leave is granted by the court. 

It says that as a result an increasing number of landlords are choosing to escalate possession proceedings to the High Court, although only County Court judges still have the authority to transfer the enforcement. 

Sometimes the transfer is granted - but sometimes not - which leads to inconsistences and, according to ARLA, hardship for some agents and landlords who lose income while the eviction proceedings are underway.

A statement from ARLA says: “The advantage of enforcement via the High Court is that from the date the landlord has obtained a Writ of Possession, HCEOs can exercise the writ and evict the tenant in a matter of days. 

“In addition to this, at the same as obtaining vacant possession of a property, HCEOs can also enforce an order for payment and seize goods to try and fulfil any money Judgment obtained against the tenant; such as for rent arears or damage.”        

David Cox, ARLA’s managing director, has written to Gove. You can see the letter here

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    An excellent letter from David Cox. Whether Michael Gove takes on board this sensible approach remains to be seen.

    As the likelihood that the number of rental properties coming to the market in the next four years will diminish somewhat with the extra stamp duty and new tax regime putting off potential landlords, one can only guess the parlous state that the rental housing market might become by 2020 unless this Government alters its approach to landlord bashing.

    I was under the distinct impression that the Tory Party was supportive of enterprising landlords, but it appears not. Then again, the Tory party is no longer the Conservative Party either, and more like to liberal regime of Tony Blair.

    Governments past and present seem to have to interfere with the lettings industry far too much rather than let it get on with what it does best - provide housing for those who cannot afford, or do not wish, to buy.

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    Looks like a plan to me but it may take a very long time for any decision to be made.

    What chance is there of a House of Commons debate giving weight to the request by way of an on-line petition? Only needs 100,000 I think and there are surely many more thousand agents and landlords who would be happy to add to a petition so getting this moving would not be such a mountain to climb.

    All those in favour say aye.


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