Mortgage and Landlord and Tenant Evictions
When the Mortgagor or Tenant Pays the Mortgagee or Landlord all the Arrears During the Eviction Process
When arrears are paid to the mortgagee or landlord by the mortgagor or tenant to avoid an eviction before a possession order is made but after proceedings are issued, the lender or landlord will commonly ask for the matter to be adjourned generally. This means that should arrears accrue again, the landlord or lender can bring the possession claim back to court without the expense involved in re-issuing the claim. When a matter is adjourned generally it is common for the judge to order that if there is no further application the possession claim be struck out after a certain date.
The Problem for Lenders and Landlords
The strike out date is usually 12 months ahead but a shorter period is not unusual. If arrears return and the lender or landlord seeks a borrower or tenant eviction and an order is sought after the strike out date, the lender or landlord has to start the claim from scratch. This is a waste of resources.
Strike out dates are justified on the basis that adjourned claims clog up the court’s resources.
When seeking the eviction of a borrower or tenant it is preferable for lenders or landlords not to have strike out dates imposed for the reasons already given. Submissions should therefore be made in an effort to avoid them.
Some Help for Lenders or Landlords Seeking the Eviction of Problem Borrowers and Tenants
Anecdotally, it appears that certain courts in the North of England have ceased to impose strike out dates as judges have found that the court files are kept whether there is a strike out date or not. This means that there is nothing to be gained by using a strike out date and resources are wasted for no purpose when claims have to be issued anew.
It is suggested that the practice of the northern courts be brought to the attention of local judges and that advocates remind the court who ultimately pays for starting fresh claims.