Enforcement action Protocols, pitfalls and possession

Pre Court "April Christofferson ranks up there with Tami Hoag for writing can't-put-it-down suspense. The Protocol is a nail biter end to end." The Pre-action Protocol for Possession Claims based on rent arrears protocol Compliance – build into regular procedures

In court Who presents? –Training, training, training Evidence to bring? –Tenancy agreement and lawful rent increases –Evidence of compliance with Landlord and Tenant Act 1987, s.48 –Notice of seeking possession and proof of service –Print out of rent account showing position as at date of the hearing –Evidence of attempts to contact the tenant before and after serving the NOSP –Evidence of any agreements entered into with the tenant before or after serving the NOSP –Evidence that the requirements of the protocol after issuing proceedings have been complied with –Up-to-date information about the tenant’s housing benefit position

What order is wanted? Postponed possession Suspended possession Outright possession

What can go wrong? Not understanding type of tenancy –Wrong procedure – application dismissed Not having correct documentation –Application dismissed Housing benefit issues: –Lack of information –Disputes with tenant –Adjournment and/or costs orders Non-compliance with protocol –Adjournment and/or costs orders

After the possession order Fixing the date for possession Obtaining the warrant –Resisting suspension of the warrant –When obtaining a warrant is an abuse of process or oppressive

Tolerated trespassers What is happening to them? What are the implications for management? What are implications for court hearings?