UK Landlord Forum / Life

What are the chances of judge escalating case to high court for enforcement officers to evict non rent paying tenants? The courts have asked me to attend a hearing even though I wanted the case to be transferred up without one. Is this a good sign? What can I say to strengthen my case? Also, courts sent a copy of the form I had completed to tenants. It had a lot of personal information in it about my medical conditon and my mental health. Are tne courts allowed to do that?

Yes, the courts are allowed to do that.

The argument to the court should be that the tenants are in debt and clearly can't pay their rent. Any delay is possession because of CC bailiff delays damages the tenants, who will simply owe more money and you, because you will have more to collect as well as greater personal stress. The possession seems inevitable, so time isn't a positive for anyone.

You are really better off using a specialist eviction firm if you want to get this up to the High Court.

For example consider whether you have complied with every aspect of the section of Residential property let on a tenancy in Practice Direction Part 55

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55a#IDAXAG2

Speak to them to determine whether you are better to separate the eviction from the monies owed.  If you look at the actual evictions by High Court Enforcement on YouTube they are often just getting the Tenant out. 

A CCJ for the monies owed still be obtained and can later be escalated, but many prefer to wait a while so the Tenant has settled, got onto the credit reference database for taking out a utility etc.

There are many delaying tactics used to drag things out and they will vary case by case.

Quote from: DiamondsForever on March 23, 2024, 09:53:59 AMWhat are the chances of judge escalating case to high court for enforcement officers to evict non rent paying tenants? The courts have asked me to attend a hearing even though I wanted the case to be transferred up without one. Is this a good sign? What can I say to strengthen my case? Also, courts sent a copy of the form I had completed to tenants. It had a lot of personal information in it about my medical conditon and my mental health. Are tne courts allowed to do that?