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vb7
31-01-2010, 12:53 PM
My Tenants are due to leave my property at the end of this week but have recently informed me they will not vacate the premises until I manage to get a court order to remove them.

I will be submitting the N5B form to the court next Monday should they still be in occupation. Can anyone please advise how long the process takes once the forms have been filed at court until I get possession of my property as I am currently trying to sell it and therefore need them out ASAP!

Thanks

VB7

Poppy35
31-01-2010, 19:09 PM
to be honest it all depends on your local court. normally you should get a hearing date within 4-6 weeks, then the judge may order possession providing you have served the correct notices. He will then decide on how long to give your tenants to vacate depending on their circumstances. Some judges are more lenient if children are involved and will give them longer.

If they have not left by the date the judge states then you have to apply to the baliff for eviction and again this could take some weeks depending how busy they are.

tom999
31-01-2010, 21:08 PM
I will be submitting the N5B form to the court next Monday should they still be in occupation. Can anyone please advise how long the process takes once the forms have been filed at court until I get possession of my property as I am currently trying to sell it and therefore need them out ASAP!
You will need to submit 3 bundles to the local County Court (relevant documents + form N5B + a fee). Typical timescales from submission to possession is approx. 1-3 months*.

* assuming T does not defend. The Judge will only delay possession to a max. of 6 weeks if there are extreme hardship circumstances.

It may have been better to continue with this post on the original thread:
Tenant doesn't want to move out until he gets a Council house! (http://www.landlordzone.co.uk/forums/showpost.php?p=188388&postcount=34)

You were already advised in this post (http://www.landlordzone.co.uk/forums/showpost.php?p=187382&postcount=2).



to be honest it all depends on your local court. normally you should get a hearing date within 4-6 weeks, then the judge may order possession providing you have served the correct notices. He will then decide on how long to give your tenants to vacate depending on their circumstances.There is no court hearing under the accelerated procedure (unless T defends and asks Judge for a hearing).


If they have not left by the date the judge states then you have to apply to the baliff for eviction and again this could take some weeks depending how busy they are.The Judge is highly unlikely to inform LL how to evict, but if there is a hearing, the Judge may inform T to stay put until LL applies for Bailiffs.

vb7
01-02-2010, 00:48 AM
Thank you for the information. Tom999, you are correct that it had been covered in my original post, but thanks anyway for the answers.

VB7