Hi, just wanted some advice about a court appearance.
I have a house rented to a housing association who in turn rents it to local council tenants. I’ve been trying to get my property back for over a year and a half - the housing association and council have been messing me around. To cut a long story short, the council served notice on their tenant in December and the hearing is set for the local county court.
I want to know if I’m allowed to attend? I’m not named as a plaintiff but can I still go? If someone can please advise.
The council solicitor told me that he is going to put forward all my arguments and that they are going to put the application in for the high court bailiffs if the judge agrees. He told me I won’t be admitted because we are not named on the documents. But from my experience dealing with them all I just don’t trust them and want to hear it all myself. Could someone who’s been in a similar situation let me know if this is correct?
Thanks in advance for your help
If you search the forum, you will find many recommendations against this type of arrangement for precisely this reason. Im afraid you cannot rely on the Council solicitor or anyone acting for the HA to represent your interests. In fact the reverse, as they act for the resident. You are probably going to need your own specialist solicitor and its going to be expensive.
You cannot trust Local Authorities. >I am sure you will not do this again
Hi, yes foresight is a wonderful thing. We had this arrangement with the housing association for over fifthteen years prior to the issues now of mass immigration and lack of rental properties.
But what I wanted to know was will I be admitted to the court, can anyone answer this?
My guess is that the court will be a small room , one of several, and the building will have security checks , So if your name is not on the list for the day you will not get in
Hi Colin and David, thank you for your advice. Just for your info we did attend the court today. The council solicitor (when he got over the shock of us being there) made a big song and dance about asking the court usher if the judge would let us in which of course he said was fine. When we spoke to the usher later he just rolled his eyes about the solicitor’s carry on. The council’s solicitor had informed us prior to the hearing, that he would apply for a 14 day eviction notice and for a s42 application for the high court bailiffs. At the hearing he had applied for 28 day eviction notice and no high court bailiffs but thankfully the judge let him change it to 14 days and to put in an application for the S42.
Now my next question is, if the high court accepts and issues the s42 can I take these documents and pay a private firm to evict the tenants if they don’t leave in 14 days? I really can’t afford to wait 6 months for the court bailiffs and if I pay I assume it may speed things up? Will the council solicitor’s let me do this? I’d appreciate your advice/thoughts. Thanks again
well done for getting in . Just shows persistence pays off. You could ring up a private bailiff firm and ask that question
Thanks Colin, I will try this. To be honest we have hounded the housing association, council, local councillors and council legal department. Turned up in person, called and emailed constantly so that we are a thorn in their sides. It’s just a game to them with no concern of the financial realities to the people involved. I never knew how corrupt Ealing council was until this experience. The look on the solicitor’s face today was worth. In court it was so obvious how much he had lied to us when the judge pointed out his verbal change to 14 days eviction and not the applied 28 days or him not putting in the s42 application. My husband shook him up about all this afterwards. Plus the judge was very fair and considerate, he even allowed us to interject at points which we are grateful for. Obviously it’s not over but the light is at the end of the tunnel.
Great stuff keeping on at them was the key . Keep your problem at the top of the pile. Did the tenant turn up? Or anyone from the housing association.? That is the sort of judge landlords need
No just us thank god. Relieved really that they didn’t as you just don’t know what they might say to sway the judge.
could I encourage you, once this is all over and you’ve had a stiff drink, to start a new thread on here and detail your experiences as a warning to others not to get involved in rent to rent schemes? We have so many people pop on here and ask if it’s worth it. It would be great to have a thread we can point them to as a way of warning what they’re potentially getting into.
Very true do not get into bed with the local council, housing associations, commercial firms,homes for the “wayward” or the like … 99% will end up badly for the home owner
A simple phone call or a quick visit to the information desk in your local county court offices will give you a straight unequivocal answer.
Alternatively, you could ask the council /HA to admit you as an expert witness if you have anything to contribute to the argument.
My understanding is that your tenant is the housing association and that you have no legal relationship with the actual occupants, so if you mean can you evict the latter, then no.
Sure once it’s all over I would be happy to do this
Well done! It’ll be a useful thread.
No one really should ever have to deal with councils but it’s hard to avoid if a tenant goes on HB
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