UK Landlord Forum / Life

Having been given an order for possession of one of my properties, also judgement for rent arrears and costs. Is it an offence for me to make these details public. ie - make the tenants neighbours and friends aware. The tenants have made life so difficult for me. So far I have done absolutely everything by the book. I would appreciate any advice. Thanks

To what end would you be disclosing such matters?
Just vindictive pleasure?
Why? Will it really make you feel better?  Will the neighbours care? Will their friends think better of you and worse of them?

My advice is get on with sorting out the property and re-letting it.

I take your point and thank you for your reply. I just want to know where I stand legally. I believe I can stop a couple of people being conned by them as I have been.

Don't be surprised if people don't care about what they have done,or don't believe you.If they are nasty people it is not worth the risk of escalating the unpleasantness.Their friends may be as bad as they are.Hard to do,but move on.They say karma never mislays an address.

I am about to go to court for a possession order, does any one know what paper work the judge will expect me to bring?

You would be in big trouble under GDPR, a Landlord is liable under the Data Protection legislation as it is deemed a business.

I have had cause to report Landlords when they have demonstrated such petty behaviour.

Do not worry about other people, they should use Tenant Referencing, it would bring up their CCJ's so job done.

Call the ICO helpline 0303 123 1113 if you need Data Protection advice, they are incredibly helpful.

The Tenants have made things difficult for you, so what, this is part of business. If you want to make things happen faster then use an HCEO company, remember that nobody in England can be forcefully evicted except by Court Appointed Bailiffs.

If the Tenant has a car they may turn up and clamp it before executing the writ/warrant. It depends on the value and if it is on contract hire, although some even ignore the latter, it is all a game of threatening something that the debtor cares about.  They still threaten to take cars away when they know the car is only worth £1000 but the minimum for removal and storage is £1500 to £2000.  When they do this they will call you and you will have to pay that initial fee plus the ongoing storage.  It can all be added to the debt but if a Tenant has nothing then you will get nothing, except further costs.

You have 6 years to try to enforce the CCJ debt, you can wait a month or two for them to settle into a new place, the moment they sign up for Energy or Broadband they can be found.  You can escalate the debt to High Court Enforcement if you think they have money.  Maybe just keep an eye on them on social media and determine if their circumstances have improved.

Quote from: Frankieb04 on April 18, 2019, 10:21:52 AMHaving been given an order for possession of one of my properties, also judgement for rent arrears and costs. Is it an offence for me to make these details public. ie - make the tenants neighbours and friends aware. The tenants have made life so difficult for me. So far I have done absolutely everything by the book. I would appreciate any advice. Thanks

You should have already filed all you need so you only "bring" what you need to further corroborate, for example a Tenant might say they were never served and you produce a video on the phone showing service was put through the door and a further copy taped to the door. 

They may want to know the impact to you of delaying the possession because they can grant anything from immediate to 42 days, they need to take into account the impact to the parties.  If they know a Council has a duty to provide temporary housing to family with 3 children they may leave it at two weeks, while if they have someone who has no safety net who explains they are finding it incredibly difficult to find a property they might allow the full 42 days.

It is a big thing to make someone homeless so if you have failed in any part of the legal process then expect them to kick it out.

If you are going to do this yourself carefully review the RELEVANT Civil Procedure Rules

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

and Practice Direction for Part55

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

One of the biggest delay tactics is things like interest claimed, do not expect the Court to do this for you, file it at least 48 hours before and always send a courtesy copy to the other side via email with a CC to the Court and yourself.  Bringing email headers of such emails is sensible, I would not bog down the bundle with this, but if a Tenant says "I never received that email" then you can respond that you cc'ed XYZ address, also on the Yahoo servers and they had no trouble receiving it nor did Gmail, Outlook or these others.  (create an email address on the same server platform as the Tenant and others).  It is all about probability, how likely is it that the message was received by all these other services including the defendants own mail provider, but not them.

You need to set out the claim properly, not just fill out the appropriate form.

You do not say which route of possession order you are going for so better to elaborate if you want specific advice, but generally you just prove everything.  The Section 21 filing has a prescribed way of presenting the evidence so make sure you put blank pages using the prescribed headings.  Also look at the defence form and fill it out as if you were defending the claim, consider if there is an email they have that hurts you.

If you are not good at these things then it is probably worth your while using a specialist who will take a belt n braces approach.

There is guidance online for how to file the particulars of claim, how to present evidence and witness statements, notices of service etc.

You can expect all kinds of stunts, for example a Section 8 claim defendant quoting all the defences of a S21 and some Judges giving them time to file a counterclaim if you do not object properly.

Quote from: Reggie123 on May 09, 2024, 08:06:50 PMI am about to go to court for a possession order, does any one know what paper work the judge will expect me to bring?

Quote from: Frankieb04 on April 18, 2019, 10:21:52 AMHaving been given an order for possession of one of my properties, also judgement for rent arrears and costs. Is it an offence for me to make these details public. ie - make the tenants neighbours and friends aware. The tenants have made life so difficult for me. So far I have done absolutely everything by the book. I would appreciate any advice. Thanks

I don't think it's a specific offence, but there's a reason that courts don't make these judgements public.

Many people do not approve of landlords, and a landlord who evicts a tenant (regardless of the reason) might get some very negative feedback. The poor tenants fell on hard times and some rich and unpleasant landlord made them homeless. That kind of thing has a real life on social media. Telling people person to person is OK, but, again, you might be surprised by the response.