How long does it take for a tenant eviction?

by Paul Shamplina

19:44 PM, 20th August 2013
About 7 years ago

How long does it take for a tenant eviction?

Make Text Bigger
How long does it take for a tenant eviction?

This all depends on how obstinate your tenant is, at Landlord Action 61% of the time, when we serve a Section 8 Notice for rent arrears (14 day notice) or section 21 Notice (2 month’s notice) ending the tenancy, the tenants will vacate the property. 

If they ignore the notice served, then the landlord will have to apply to the court for a possession order.

It will take generally between 6-8 weeks for the judge to grant a possession order under section 8/section 21.

Tenants can ignore the possession order granted by the court, which is normally a 14 day order and sometimes tenants are told to stay put by the council and encourage the landlord to go to eviction. In these cases the landlord has to go to the final step 3 to apply for an eviction date with the bailiff, this can take between 5-10 weeks, depending on the court your at and how many bailiffs there are at that court working.

So generally from first serving the eviction notice, to going to court obtaining a possession order, then apply for an eviction date, it can take up to 5 months if undefended case.

EDITORS NOTE

Our sister website http://evicting-tenants.net/ is sponsored by Landlord Action and The Sheriffs Office and provides simple guides to the eviction process. For details please CLICK HERE



Comments

Paul Shamplina

16:24 PM, 22nd August 2013
About 7 years ago

We had a meeting on Tuesday with the Department for the Private Rental Sector at our offices, who wanted our feedback with regard to the eviction process at courts, IE time lines, as this was mentioned in the last committee report, along with numerous other things for the PRS. Hopefully the minister will want this to be looked at further, so ideas can be given, with regard to court process and speeding up cases, for Landlords.

Jay James

17:31 PM, 22nd August 2013
About 7 years ago

In short: far too long and far too uncertain.

Where else can one hire / borrow something for months on end and not pay, leave it damaged, get away with it and have the owner systematically having to justify their position?

David Sweeney

18:20 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Jay Jay" at "22/08/2013 - 17:31":

But that isn't the situation. If a debt exists, the landlord takes it to court, proves the debt and then enforces it. If he can't enforce it because the tenant has no assets, then it is no different than it would be if we swapped the word 'landlord' for 'bank' and 'tenant' for 'borrower

Bob Dunn

18:36 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Dave Reaney" at "22/08/2013 - 18:20":

Quite true Dave and it is time the situation was addressed but Im not holding my breath. I rent houses to earn my living - its not a game. I provide what I and my tenants believe is a good standard of living for a market rent.

Like most things it is the rogue elements that spoil things for the rank and file PRS. Its just a pity that it is lop sided, if you are a rogue landlord there is regulation waiting on every street corner that will desend upon you like a ton of hot horse shit, but if you are a rogue tenant then there seems to just be a slow and inefective eviction process to apply to those who mess you about, dont pay and wont have your arrears to pay you whatever you do about it.

Jay James

18:50 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Dave Reaney" at "22/08/2013 - 18:20":

Bob Dunn, just below your comment, makes the point I intended quite effectively.
-----
Yes, tenants can get away with much, including not paying rent because in practice it takes too long to get them out and enforcement procedures are ineffective against them. Eg they can easily become untraceable

David Sweeney

20:33 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Jay Jay" at "22/08/2013 - 18:50":

I am sorry, I disagree. Ex tenants are usually easily and cheaply traceable via no-find-no-fee search companies (from £36).

We are in business. There are risks in any business. What we have to do is keep those risks as low as possible. Measures like healthy deposits, guarantors, RGI etc if there is even the slightest doubt that your tenant would not have the assets necessary to make it worth taking them to court. If you can't get suitable security then you are increasing your risk. If you are happy to take that extra risk - fine, that's your business decision but the potential consequences are clear. If you are not happy to take the risk - equally fine - that requires a firm no to the applicant.

The regular posters on here seem to be experienced landlords, but I have had to say to so many virgin landlords that the extra few weeks lost rent waiting for a suitable tenant may amount to much less £/s/d than a bad tenant could cost you.

Bob Dunn

21:46 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Dave Reaney" at "22/08/2013 - 20:33":

Cant disagree Dave. They are easy to find but what do you do when you find them ? Even if they are employed its common for the tenant to be living effectively hand to mouth each month so you might get a judgement but will you actually see any money !

The point is that if a tenant is in breach of AST for whatever reason then the process of getting them to move out via the courts is slow, painfull and over balanced in favour of the tenant in my opinion.

Jay James

22:17 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Bob Dunn" at "22/08/2013 - 21:46":

exactly

Jay James

22:19 PM, 22nd August 2013
About 7 years ago

Reply to the comment left by "Paul Shamplina" at "22/08/2013 - 16:24":

Frankly, bailiffs should be enabled to make enforced eviction as soon as the tenant is occupying in a period for which no rent has been paid.

1 2 3 6

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Bridging Finance - is this a good deal for me?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More