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Help
01-11-2005, 23:13 PM
Hi,

I was wondering if people can share thier experiences of evicting tenants via the accelerated possessions order.

I am currently doing this and it has been far from accelerated. It was as follows:

2 months notice,
Then filling in forms for accelerated procedure took about 2 weeks then court gave tenant another 14 days to file a defence which the tenant didnt. Then I counter signed and returned forms to the court hand delivered them actually to the county court and now it has been 15 days and still no ruling and I believe the judge may give another 2/3 weeks to the tenant to move out before I have to spend £90 to get the bailiffs who depending on thier work load can take a month.

So as you can see it hasnt been that quick. I am worried about the state of the property and the damage that the tenant will do yet after expressing my concern to the court nothing has been done to 'accelerate' the procedure.

Just want to know if any one else had to wait this long??

Also how do you claim costs(for the procedure) from a tennant on DSS who claims to be broke? is there any way the housing benefit can be used to pay the costs?

Thanks,

help

MrWoof
02-11-2005, 18:58 PM
Why did filling in forms take 2 weeks? Usual procedure is 2 months plus notice, hand in court papers the next day, wait one month (depending on area), if tenant is still there, wait one more month for bailiffs. The two months notice is a legal requirement, the 'accellerated' part refers to the fact that it is usually dealt with in chambers, no need for either party to attend a court hearing.

Jayne
02-11-2005, 20:10 PM
Hello,

Have to agree that courts seem very slow with the Accelerated route taking just as long as the hearing route - in fact around here (West Yorkshire) both routes take 8 weeks. On top of that bailiffs are currently taking 7 weeks!

I'm sat waiting for a possession order - requested 2 weeks ago when I applied for it (even taking the form to court by hand laughingly thinking it would speed things up!). I've also made an order for costs from the defendant who is claiming benefits - wishful thinking I reckon!

jghomer
03-11-2005, 09:46 AM
It could be worse. After waiting several months for a possession order and then bailiffs, my tenant burnt the house down the weekend before eviction. (An accidentally discarded cigarette she said). So the tenant had a rent free 6 months, cost me hundreds in legal fees, burnt down the house and now lives blame free and no doubt rent free elsewhere, Who said the law is an ass?

justaboutsane
03-11-2005, 11:11 AM
We had a very similar situation happen to us! Tenant was nasty... threw neighbour through the fence and caused him untold problems. We issued section 8 on grounds of behaviour a few weeks later the place went up in smoke... daughter had been smoking in bedroom while chatting to mates out of window, ash dropped onto a pile of clothes on the floor and up it all went! They tried saying it was an electrical fault caused by faulty wiring...luckily Fire Brigade and insurance company forensic experts said otherwise and the insurance company are now sorting it all out, we have however lost 6 months rent while it has been empty and the tenant walked away with about £500 worth of arrears! Then had the cheek to call us and demand compensation!

Help
03-11-2005, 22:06 PM
Ive just read some of your comments and it is quite scary to think what people can do. I am really worried for my property! Since posting last time the tennat has now come back to the property along with 3 salavage cars and a caravan parked on the drive way!

Is there any way I can get the order to be speeded up? I have expressed my concern to the people at the court who seem to be so understanding until they say we cant do any thing or give you legal advice!!!!!

help!!!!!

Esio Trot
04-11-2005, 11:42 AM
I have readily to hand the County Court Service Standard, together with their complaints procedure.

They have varying target times for dealing with cases, e.g. 2 weeks to issue a claim.

Keep a close eye on every stage and as soon as it is one day over, make a complaint. I do.

The most awful thing with our local court (don't know if it is national policy) is that all post is sent second class. This is ALL post. Even things like possession orders. We got a 14 day possession order on one tenant, by the time it had been typed up and posted second class, the tenant had 3 days before the date. I've made complaints about this, and even offered to provide the first class stamps when making the claim (what's the cost of a few stamps compared to the £150 court fee, plus the £12 to £30 for each extra day of lost rent).

MrWoof
05-11-2005, 00:06 AM
Is there any way I can get the order to be speeded up? I have expressed my concern to the people at the court who seem to be so understanding until they say we cant do any thing or give you legal advice!!!!!
Thats all they can do, if you want more, go to a solicitor (waste of money in this case). Your concerns are genuine but take comfort from the fact that serious damage is not the norm. You are insured aren't you?

Help
06-11-2005, 22:16 PM
I am insured but I am quite scared because the Corgi gas cert has expired I have wrote to the tenant asking him that this needs to be done and to get in touch but he hasnt I hand delivered this letter so that I know he has it. With all this going on I dont know if that was a good idea. If some thing happens insurers usually as for the certificate.
I even booked the corgi guy to go over but the tenant was not there so the guy came back.

I am hoping that nothing will happen ...but u never know! The court has given the tenant 5week to get out. So its a very edgy 5 weeks for me.

dazalock
07-11-2005, 09:51 AM
Getting a Gas Safety Certificate shows you have a "Duty of Care" to the tenant to ensure that he has safe appliances. If you are obstructed from doing this, and you can prove you have written letters and have a statement from the engineer that you have tried to book him in to do this, you have shown this Duty of care and I would be suprised if you were help responsibe if anything happened. You cannot do the impossible!

Caburn5
04-05-2006, 20:47 PM
Trust me these things do take time. I have also been attempting to remove a tenant since Feb this year. As you have said, they can put back hearings, submit defence, you name it.

I feel it is worth investing in a solicitor, as you only need to get one thing on these forms wrong & it can be thrown out.

I have had a possession order issued, it expired today, tenants still not out, have now instructed county court bailiffs, which take 14 days to hear the case, at which point the tenant can then file a defence, even if all goes to plan they need to let him know when they are going in.

It is very frustrating, i wish you all the very best.

MrWoof
04-05-2006, 21:55 PM
I have had a possession order issued, it expired today, tenants still not out, have now instructed county court bailiffs, which take 14 days to hear the case, at which point the tenant can then file a defence, even if all goes to plan they need to let him know when they are going in.I have only been down this route once but this does not sound familiar. I have just submitted a Request for Warrant, as far as I am aware, and this is what happened last time, bailiffs write to me and the tenant saying they are coming to take possession on a given date and thats it. Judgement has already been given, bailiffs are agents of the court and simply carry out warrants. The tenant has already been given a chance to appeal and didn't do so.

Tassotti
05-05-2006, 04:37 AM
[QUOTE=Help]I am insured QUOTE]

Check your policy documentation. I am in a similar situation and checked my policy only to find that malicious damage (both contents and buildings) is NOT covered if the damage was made by a tenant.

Good luck

Tass

MrWoof
05-05-2006, 09:12 AM
Re Insurance, my policy covers damage by tenants but there is a £2000 excess. If anyone knows of a better policy, please let us all know.

paulw
05-05-2006, 11:33 AM
Ive just evicted my tenants after following the accelerated route and it has took 4.5 months from first issuing the section 21. it was all new to me and i was staggered as i found out how long each step actually took.

considering that the tenant can walk away after a month, it seems so unfair that it takes 4 months for the landlord. surely some of the stages could be merged eg the possesion order and the warrant, and maybe the bailiff could be booked provisionally.

Ericthelobster
05-05-2006, 18:46 PM
Check your policy documentation. I am in a similar situation and checked my policy only to find that malicious damage (both contents and buildings) is NOT covered if the damage was made by a tenant.Blimey. I've just read through the small print of my own policy and found the same thing. I'd always thought I was covered for that. Marvellous. But at least I found out before needing to claim!