Nottingham landlord Mick Roberts has hit out at the “stone age” court system after an administrative error meant his possession order was dated after the deadline for the tenant to leave had already passed.

Roberts says his accelerated possession claim was considered by a district judge on 7 August, with the possession ordered on or before 21 August. However, the written order was dated 27 August – six days after the possession deadline – while Roberts says his solicitor didn’t receive notification of the order until 4 September. And he still hasn’t received the amended order.

An HM Courts & Tribunals Service (HMCTS) spokesperson tells LandlordZONE it was an “isolated administrative error”, and that an amended possession order has now been issued. “We apologise for any inconvenience caused and are addressing the matter internally to ensure this does not happen again.”

HMCTS says the possession date should have been 10 September – 14 days after the order was issued on 27 August. It says the order was issued 13 days after the judge’s decision, against a target of 10 days. The possession date should have been updated to reflect the later issue date, but this did not happen because of the administrative error.

Disputes

However, Roberts disputes the suggestion that the problem is isolated. “It isn’t an isolated incident, as my solicitor recently received notification of a possession hearing listing, the day after it took place,” he tells LandlordZONE.

“Ten days to wait is too long anyway. They need to listen to what people like Paul Shamplina are saying and get into the digital world. It’s like the stone ages.”

Frustrating

Roberts says the delays have been particularly frustrating because he is trying to sell the property while the tenant remains in occupation and says the episode raises wider concerns about the ability of landlords to regain possession when something goes wrong with a tenancy.

“What a fallacy this UK court system is,” he adds. “If the government can’t get this simple procedure right, what hope is there for tenants to secure accommodation knowing the landlady will take them if she can get her house back should there be problems?”

The incident comes amid continuing pressure on the courts to process possession cases efficiently as landlords prepare for the changes introduced by the Renters’ Rights Act.

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