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Landlords urged to challenge eviction restrictions in Corona hotspots

A leading property lawyers says he’s willing to act for landlords to take the government to judicial review over its latest restriction on evictions.

Last week the government requested bailiffs not to forcibly evict tenants in areas with Tier 2 and Tier 3 Coronavirus restrictions - an increasing amount of the country. 

This means although possession cases can still go through court, they may not be acted upon by bailiffs in those most-restricted locations.


But property lawyer David Smith says such a move may be illegal and he will act for any landlords bringing a judicial review case against the government on a ‘no win, no fee’ basis.

“Naturally, evictions create hardship for those being evicted, probably more so right now. However, leaving tenants with huge arrears in place also creates hardship as the debt will follow them” says Smith, a partner at JMW Solicitors. 

“The problem with the government’s approach is that it is almost certainly unlawful. It is not open to bailiffs or High Court Sheriffs to simply decline to enforce warrants and writs, even if the Lord Chancellor asks them to do so. 

“They have a duty to do this. Indeed, there is a power to complain to the County Court, in the County Courts Act, about losses resulting from Bailiffs not enforcing warrants.

“This approach flies in the face of the new structures created around the re-opening of the courts for possession. 


“Of course the government can prevent evictions if it wishes to. But it should do so lawfully by making regulations under the appropriate legislation and allowing Parliament to review them, not through backdoor letters to enforcement bodies. I have offered to seek judicial review on this on a 'no win, no fee' basis for affected landlords.”

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Poll: Should landlords go to court to allow Tier 2 and Tier 3 evictions?


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    Kudos to JMW Solicitors for a No Win No fee offer to challenge govt and help landlords evict Rogue tenants👏🏼👏🏼
    The whole justice system in PRS Residential, as well as Commercial sector needs to be made fairer & balanced for Landlords-it’s weighted 90% in favour of Tenants who take advantage of these unbalanced laws, leaving landlords facing bankruptcies, selling properties and exiting these sectors.
    It will inevitably increase homelessness.
    Guess more opportunities for Corporate BTR developers like John Lewis but SME Landlords with 1-5 Residential/Commercial properties will continue struggling until our laws are changed to help landlords.
    Hope troubled Landlords with rogue tenants in situ will take up this offer from JMW Solicitors, and pave the way for improved laws to help landlords.

    Ingrid Mott

    Homelessness is solely responsibility of the Government. Government want control of Landlords' business. But they do not want the responsibility . They alone are responsible for meeting the adequate needs of the population. How can jurisdiction permit them to load this responsibility on to private landlords?

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    Fill your car up at a petrol station and drive off without paying is theft, live in a property without paying and that is considered okay in this country, but not in many others.

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    • 30 October 2020 09:53 AM

    2 months of rent default which for rent paid monthly in advance is 1 month and I day.
    14 days later if all the arrears haven't been paid the LL MAY without any Court action being required remove the tenants with Police assistance if necessary to prevent a breach of the peace.

    If Councils or Govt wanted to prevent this eviction then they would need to pay the LL the full rent arrears.

    Rent defaulting tenants should not be permitted to occupy beyond 1 month and 15 days where rent is paid monthly in advance.
    Though of course the LL may permit the tenants to remain but it will be the LL choice.
    However as Govt intends to eradicate LL this CV19 is just a good excuse to put thousands of LL out of business .

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    Any Cases being processed by the Courts at the Moment are at least 12 Months behind with their rental payments. The Government has developed a `Fast Track System to Process them. So the Bailiffs should also be going out within seven days of them ignoring the 14 day possession notice. There is plenty of people looking for Jobs so if there are not enough Court Bailiffs employ More.

    If there are no children involved and they have been evicted after keeping the Housing benefits the Council should be under obligation to house them.


    Court bailiffs are a waste of time, pay the extra to use the high court bailiffs

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    • 30 October 2020 12:10 PM

    I have always found the High Court Bailiffs very helpful and fast.

    2 day Max., against 3 months from the Court Bailiffs, and of course that is good because of the 3 month loss of income.


    They got me some money back from a previous commercial tenant a couple of yrs back that I wasn't expecting to get.

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    • 30 October 2020 12:14 PM

    Isn't the problem with HCEO that DJ refuse to allow LL to escalate to HC enforcement?

    DJ know that this gives tenants many more months of rent defaulting occupation.


    I've never had a problem escalating up to the high court

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    whole court system is a scam--to raise money for the courts

  • Ruan Gildchirst

    Official end to eviction ban but it’s still on one way or another

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    • 31 October 2020 20:12 PM

    Feckless rent defaulting tenants will be able to live rent free for at least another year from March next year.

    How can LL subsidise multiple feckless rent defaulting tenants for 2 years!!??

    I just don't get how LL are coping with rent defaulting tenants.

    Do they all have magic money trees!?
    If I had 2 months of missed rent payments that would bankrupt me!

    Where does one find these magic money trees to be able to subsidise feckless rent defaulting tenants!?

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    Good luck trying to get anything through the courts before the new year... 2022 !!!

  • George Dawes

    If this continues , I'm selling up

    No incentive to let if the tenant can live rent free

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    Are we likely to get a possession order through at the moment? Section 21 given May last year.


    My guess would be little and no chance, sorry but that's the likely hood at present.


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