High court enforcement officers

[johnny2007]

Get yourself some clothes, a tv, phone charger and a few books and "move" in the house yourself.
At that point your tenant will become a lodger.
You can evict a lodger without notice.

 

[motorbiking]

No you can't do that.

 

[pete01]

I used to rent out two houses I never had a problem but I always worried about this, I always kept £2000 spare to bribe them out in this situation, I never had to do it but it might work?

 

[johnny2007]

No you can't do that.

You can.

 

[motorbiking]

tenant has a contract, LL has started proceedings against tenant. Tenant will claim unlawful eviction. LL will not be able to show that this property is his main residence. Not to mention the risk of incurring capital gains tax on his actual home.

 

[johnny2007]

LL has started proceedings against tenant.

I missed that, sorry.
It complicates things.

LL will not be able to show that this property is his main residence. Not to mention the risk of incurring capital gains tax on his actual home.

Couples split everyday and husband is usually the one leaving home to live somewhere else.
Then things can get patched up and couple return together.
No capital gain tax.

 

[motorbiking]

I missed that, sorry.
It complicates things.

Couples split everyday and husband is usually the one leaving home to live somewhere else.
Then things can get patched up and couple return together.
No capital gain tax.

There are special rules for divorcing couples its known as the "no gain, no loss" concept and allows Divorcing couples to pass assets and liabilities between each other without additional capital gains tax, within a certain time limit or subject to a court order. This is fairly recent. Previously you had to settle up within the tax year or face capital gains tax on any increase of value.

If a couple splits and the "husband" buys a new home - it will be subject to 2nd property tax. If he is lucky enough to sort the divorce out within 3 years, he can claim this back.

 

[johnny2007]

There are special rules for divorcing couples its known as the "no gain, no loss" concept and allows Divorcing couples to pass assets and liabilities between each other without additional capital gains tax, within a certain time limit or subject to a court order. This is fairly recent. Previously you had to settle up within the tax year or face capital gains tax on any increase of value.

If a couple splits and the "husband" buys a new home - it will be subject to 2nd property tax. If he is lucky enough to sort the divorce out within 3 years, he can claim this back.

I was referring to a temporary split, not a full blown divorce.
Husband moves out to 2nd property, lodger evicted, husband goes back to wife, all in a couple of weeks.

 

[motorbiking]

I was referring to a temporary split, not a full blown divorce.
Husband moves out to 2nd property, lodger evicted, husband goes back to wife, all in a couple of weeks.

Wife own's everything - rule

But seriously in this scenario there is no capital gain, due to their status. Husband could not claim the rental was his main residence and claim a discount on capital gains tax. Unless his wife is called Angela Rayner.

 

[johnny2007]

Wife own's everything - rule

But seriously in this scenario there is no capital gain, due to their status. Husband could not claim the rental was his main residence and claim a discount on capital gains tax. Unless his wife is called Angela Rayner.

 

[Android 07]

I used to rent out two houses I never had a problem but I always worried about this, I always kept £2000 spare to bribe them out in this situation, I never had to do it but it might work?

The tenant wants social housing. If he leaves before the baliffs come, he wil be refused.
It's all part of the messed up system where landlords are essentially powerless.

 

[big-all]

The tenant wants social housing. If he leaves before the baliffs come, he wil be refused.
It's all part of the messed up system where landlords are essentially powerless.

its called making themselves deliberately homeless so not then the local council's problem
they must be evicted and fight /resist the actions all the way as capitulation before the eviction is seen as an action that removes them from the councils books so back to the start off the queue as a fresh case loosing often several years off built up points

 

[motorbiking]

The tenant wants social housing. If he leaves before the baliffs come, he wil be refused.
It's all part of the messed up system where landlords are essentially powerless.

and something the local authorities encourage and coach.

 

[Android 07]

Update
--------------------
Received a Notice of Hearing of Application from the County Court following the application to transfer proceedings to the High Court.

Do I
A. Attend hearing myself
B. Arrange informal training session with the enforcement agent's solicitors. Chargeable
C. Solicitors use a barrister. Chargeable

?

 

[big-all]

no expert

have you got an agent acting for you ??
what you are asking for is the eviction to be elevated to the faster high court procedure
so you or your agent i would think needs to be present to ask for permission for you to elevate the eviction fully at your cost with the high court just giving you permission and the paperwork to employ high court accredited bailiffs to do the job