Court hearing when using accelerated S21 route?
Hi, I am currently in process of evicting one of my unpaying tenant using accelerated Section 21 route, I am under the impression that the court does not need a hearing if you don’t claim any unpaid rent.
However, I received a notification stating that possession has been granted (with an order to follow), but a court hearing date has also been set. Has anyone encountered this situation before? Can I request the court to grant immediate possession? What should I expect to happen during the hearing if possession has already been granted?
Thanks,
S
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Member Since July 2013 - Comments: 23
10:47 AM, 20th May 2024, About 2 years ago
I had this where a judge unilaterally decided to hold a hearing to see if the PO date should be extended due to exceptional hardship. This was despite the tenant no submitting a defence.
If this is the case the court rules state the hearing should be before the PO expiry date. The court has the power to extend the PO to a maximum of 42 days.
Member Since August 2022 - Comments: 100
2:58 PM, 20th May 2024, About 2 years ago
I had this once when my tenant submitted a defense statement. The statement was submitted after the permissible date (can you imagine if a landlord had got their dates wrong?),
The tenant’s defense statement said “I don’t want to leave”. And nothing more. Despite the uninformative defense statement, the judge decided that they wanted to hear more from the tenant and set a hearing date. The judge must have been very disappointed when the tenant did not turn up to defend their grand statement. Possession went ahead as planned.
And then one wonders why we have a court backlog????
Member Since March 2023 - Comments: 1506
4:12 PM, 20th May 2024, About 2 years ago
An accelerated S21 doesn’t mean no court appearance. The tenant is allowed to contest it in court if he doesn’t agree with the S21.
Member Since May 2023 - Comments: 225
3:46 PM, 21st May 2024, About 2 years ago
Reply to the comment left by GlanACC at 20/05/2024 – 16:12
Since no reason is stated on a Section 21 notice, how can there be any defense against a mandatory order?
Member Since March 2023 - Comments: 1506
6:23 PM, 21st May 2024, About 2 years ago
Reply to the comment left by PAUL BARTLETT at 21/05/2024 – 15:46
Revenge eviction, disrepairs, mental health issues and just about anything else. Remember the tenant has nothing to lose putting in a defense against an S21 – will delay eviction for at least 6 months.