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My Lords, I have been through these regulations and the Explanatory Memorandum with some care and I have also taken the trouble of ascertaining the views of David Anderson QC, the independent reviewer to these regulations. There were a number of unanswered questions during Second Reading recently, particularly relating to...
My Lords, I have been through these regulations and the Explanatory Memorandum with some care and I have also taken the trouble of ascertaining the views of David Anderson QC, the independent reviewer to these regulations. There were a number of unanswered questions during Second Reading recently, particularly relating to...
To ask Her Majesty’s Government what assessment they have made of the impact on landlords with possession orders of delays in enforcing those orders, particularly those landlords living abroad who wish to return to the United Kingdom to live, or to sell their property.[HL5708]
To ask Her Majesty’s Government what assessment they have made of the impact on landlords with possession orders of delays in enforcing those orders, particularly those landlords living abroad who wish to return to the United Kingdom to live, or to sell their property.[HL5708]
Landlords seeking to regain possession of property can pursue two routes through the County Court. For shorthold tenancy there is an accelerated process which aims to provide a court hearing within 2 weeks. For all other possession claims there is a standard process which aims to ensure a court hearing takes place within 8 weeks. Her Majesty’s Courts and Tribunals Service (HMCTS) aim to issue court orders to both parties within five days of the hearing.
These processes are available to all landlords of property located in England and Wales including those who reside aboard; however, an address for service within England and Wales must always be provided.
Once a court order is made it is open to the landlord to enforce the order by issuing a warrant of possession. HMCTS does not hold information on the average time taken by county court bailiffs to execute a warrant of possession. Each possession case has individual characteristics which prevent general timeliness expectations being set. However HMCTS seeks to enforce warrants as soon as is reasonable and without delay.
County Court bailiff workload is made up of a number of areas of work with possession warrants being just one. HMCTS keeps overall workload and resource under constant review and strives to continually improve the service delivered to the court user.
The Ministry of Justice publishes quarterly data on the number of re-possessions achieved by County Court Bailiffs. This is available at: https://www.gov.uk/government/publications/court-statistics-quarterly-july-to-september-2013
In response to the recent Communities and Local Government Select Committee review of the Private Rented Sector the Department for Communities and
Local Government has established a working group to ensure that the interests of both landlords and tenants are protected and that there is a fair eviction process in the private rented sector. The working group’s membership includes landlords, tenants and other property professionals. Ministers will shortly be considering emerging findings from the working group discussions.