PDA

View Full Version : Court Order To Evict Tenant



deandevy
16-07-2005, 20:26 PM
Hi

This Is The First Time To Evict A Tenant So I Need A Bit Of Advice.

We Have Served 2 Months Notice On Our Tenant To Leave The Property. Unfortunately She Has Turned Into The Nightmare Tenant. She Is Refusing To Pay The Rent, This Is Ok As We Have The Bond And She Only Pays 5.00 Herself As The Rest Is Dss.

She Is Applying For Council Accommodation And Needs A 4 Bed Which Are Evry Scarce In This Area So More Than Likely Will Not Have An Offer Of Accommodation Before The Notice Expires. This Is Where The Problem Is, I Have A Feeling That She Will Refuse To Move When The Notice Expires On 7th September. Am I Able To Get Court Papers Ready In Advance To Avoid Any Delay With An Eviction?

Any Help Would Be Appreciated.

ANOTHER THING.

JUST LOOKING THROUGH THE FORUM THOUGHT I HAD BETTER CLARIFY SOMETHING.

MY TENANTS TENANCY STARTED ON 7 MAY 2003, THIS WAS FOR 6 MONTHS. (WE HAVE NEVER RENEWED HER CONTRACT AS SHE KEPT FAILING TO PAY THE 5.00 WEEKLY RENT ON TOP OF DSS, SO DIDN'T WANT TO GET CAUGHT FOR AT LEAST 6 MONTHS WITH NO RENT.)

WE SERVED HER NOTICE ON 7TH JULY 2005 TO EXPIRE ON 7TH SEPTEMBER 2005. IS THIS CORRECT? :confused:

Thanks

Claire

bornlivelife
17-07-2005, 07:12 AM
Youve done the notice correctly timewise - hope you refered to the housing act 1988 amended 1996, and stated the correct section number . You cant start court procedings until the notice period is over (thats why its called a notice period). You should use the accelerated possession method after that . I had my first nightmare tenant recently after no real problems for 12 years - but hes gone now...so can answer lots of questions on subject

deandevy
17-07-2005, 08:25 AM
Thanks For The Reply.

I Used The 'notice Of Requiring Possession' Form Which Was In The Tenancy Pack. I Presume I Need To Contact The County Court And Ask For The Relevant Papers. What Is The Difference With The Accelerated Possession And The Standard One. Obviously It's Quicker But How Much Quicker, Just Curious About That One.

bornlivelife
17-07-2005, 10:17 AM
It is very much faster - 4 weeks should do it - the benefit is there is NO COURT HEARING. The judiciary write to tenant and give him 10 days to defend himself in writing, then judge makes decision from paperwork, bearing in mind it is mandatory possession generally if you are outside the 6 months initial period

MrWoof
17-07-2005, 19:32 PM
MY TENANTS TENANCY STARTED ON 7 MAY 2003, THIS WAS FOR 6 MONTHS. (WE HAVE NEVER RENEWED HER CONTRACT AS SHE KEPT FAILING TO PAY THE 5.00 WEEKLY RENT ON TOP OF DSS, SO DIDN'T WANT TO GET CAUGHT FOR AT LEAST 6 MONTHS WITH NO RENT.)

WE SERVED HER NOTICE ON 7TH JULY 2005 TO EXPIRE ON 7TH SEPTEMBER 2005. IS THIS CORRECT? :confused:
ClaireI hope your section 21 notice read that you require possession AFTER 6th September, if not, you are going to have to serve another notice as it will be invalid. I also suggest you look up "Question time 3" and the answers (currently on page 2 of this forum) to make sure you have served the notice correctly. HB will continue to be paid up to the Saturday before she leaves unless she asks HB to stop it. The local authority will tell her to stay put until she receives the court order to leave and probably to stay until a bailiffs date is received, that is when they will re-house her. You can get the court papers ready in advance but you can't take them to the court until the 7th September at the earliest then, after making sure she is still there, take the papers in, that way, the court officials will check them for you to make sure you have filled them in correctly, they will also relieve you of a cheque for £150.00. Same thing if she stays beyond the court date with the request for bailiffs (£90 this time). As long as the paperwork is correct you will get possession in 6 - 8 weeks depending on court workload and the speed the council re-house her, even if she is entitled to four bedrooms, she probably won't get them, I have just taken on new tenants entitled to three bedrooms who were being evicted because the LL was selling up, they were offered a two bedroom flat as 'temporary' accommodation.