View Full Version : court order: how to apply
20-03-2007, 22:59 PM
I want to evict my tenant in order to be able carry out some major refurbishment work.
I've used a tenancy agreement for letting a furnished dwellinghouse on an assured shorthold tenancy under Part I of the Housing act 1988 (6 months contract) and the tenant has been living in the flat for 3 years.
I've served the tenant 2 months notice using a section 21(4)a
The notice has now expired but the tenant won't leave.
I've been told that I should apply for a court order but I am not sure how to go about it:
which forms do I have to fill in?
which court should I apply to?
do I have to notify the tenant that I'm appying for a court order?
does the section 21 expires? if so how quickly do I have to act?
Thank you very much for your support
20-03-2007, 23:21 PM
The following link will take you to a fact sheet about section 21 which you might find useful.
The first thing you need to do is to make sure you have dated your section 21 correctly, if you havn't you'd have to start all over again!
If the notice is dated correctly and your tenant hasn't vacated by the expiry date stated on the notice then you can commence legal proceedings straight away. You can download the necessary documents from the HMCS website. You can then submit the completed forms to your local County Court along with the court fee (this fee varies but in Oldham it's £150).
The factsheet will give you more info about the court routes you can use but if the tenant doesn't owe rent then the quickest way is probably by the Accelerated Possession Procedure (APP). The following link will take you to a page on HMCS website where you can read up on more info regarding the procedure.
The APP is done without you even having to go to court and can take anything up to 4 - 6 weeks. If you decide to go for a court hearing then you could actually be waiting 2 to 3mths just for a court date!
You don't mention if the tenant owes rent. If yes, you can not ask for a money order for the arrears if you go via the accelerated route.
The section 21 you have served does not have a time limit as such. However, if you enter into a new agreement with the tenant then the section 21 would be invalidated.
You don't have to tell the tenant you are going for a court order but I usually do. He's going to find out anyway when the Notice of Issue from the court drops through his letterbox.
The only other info I can think to provide at this time is - if the tenant doesn't leave on the date the court order states he should leave then you have to go back to the court and fill in more paperwork (& pay more money) to get the court bailiffs to do the honours for you. The bailiffs tend to be busy people (I can't think why.... :rolleyes:) and so that could take another two to three weeks to get organised.
Hope the info helps. Like I said - take a look at the factsheet. The site that it is on is another good place to look for information!
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