How long does it take for a tenant eviction?

How long does it take for a tenant eviction?

19:44 PM, 20th August 2013, About 9 years ago 57

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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

by Bob Dunn

16:48 PM, 23rd August 2013, About 9 years ago

This has all come about because in the past some landlords operated outside of the law as far as tenants rights go. The situation has now swung too far in favour of the tenant. The PRS is only going to grow so perhaps it is time for the whole rights and enforcement pertaining to both tenants and landlords and their responsibilities towards each other should be reviewed.

The current system of S21 if I require to take possession of my own property is a joke if the tenant can simply wipe his backside with it and wait for me to go through a legal process that providing I have dotted the "i's", crossed the "t's" and not made any box ticking or spelling errors for the judge to reject, MIGHT get the tenant out on 8 - 10 months. Many tenants would see the landlords action as an excuse not to pay their rent.

How would it be viewed if a tenant gave the landlord 1 months notice and the landlord could continue to demand rent from the tenant for another 8 months after the tenant moved out.

Its time some of these landlord associations lobbied the housing minister for reform of this not fit for purpose process. Might even make me consider joining one.

by David Sweeney

19:38 PM, 23rd August 2013, About 9 years ago

Reply to the comment left by "Bob Dunn" at "23/08/2013 - 16:48":

I don't like the moral behind it, but if you take Marks advice and serve a s21(1)(b) as soon as the deposit is protected and tenancy started then, once your 6 month fixed term is up you can have a tenant out within 2 months of their 1st lapse - even if that lapse is that their new car clashes with the front-door of your propert

by David Sweeney

19:39 PM, 23rd August 2013, About 9 years ago

Reply to the comment left by "Jay Jay" at "23/08/2013 - 16:02":

But they won't be HB Officers will they? The HB officers will be on the other side of the country working for DWP.

by Bob Dunn

20:51 PM, 23rd August 2013, About 9 years ago

Reply to the comment left by "Dave Reaney" at "23/08/2013 - 19:38":

You can serve your S21but have you ever had a tenant who just ignored it ? Personally I have never had to ask a tenant to go but I did get involved on behalf of a pal who had an errant tenant that he wanted out. Tenant ignored the S21 and was still there 8 months later because of delays within the county court system. Tenant eventually abandoned the house a week before the bailiff date owing over £6k rent so don't tell me you can deliver your S21 and its happy days unless of course you have a compliant tenant.

by Jay James

21:04 PM, 23rd August 2013, About 9 years ago

Reply to the comment left by "Bob Dunn" at "23/08/2013 - 20:51":

8 months!!! it should be out the moment rent runs out

by David Sweeney

21:27 PM, 23rd August 2013, About 9 years ago

Reply to the comment left by "Bob Dunn" at "23/08/2013 - 20:51":

No, you serve your s21 as suggested by Mark and then leave it on the back burner. As soon as tenant says 'sorry rent will be a week late' you put your claim into the court. You get your possession date around 42 days later - lets say 56 to allow for delays - and you get the HCEOs in to remove around 7 days after that.

by Steven Burnell

13:15 PM, 24th August 2013, About 9 years ago

Ideally, the LL/Tenant relationship is long-term because it is mutually beneficial, but I am of the instinct that a tenant ignoring a possession order ought to be enforced as a contempt of court & any council that does not encourage tenants to comply should also be held to account.
Based on your experiences, I think my risk management will include issuing S21 within 1st 3-4 months of AST in addition to obtaining sound References & adopting other pre-AST steps including seeing last 3-4 months bank statements & visiting current premises (as suggested elsewhere on forum).
I don't know what my local market will bear but I'm tempted to ask for 1.5 months as Deposit + 1 month in advance with the extra 2 weeks deposit to cover damages if tenant walks without paying final months rent.
I wonder, could S21 be accompanied by a 'without prejudice' letter explaining that possession could be delayed with the creation of a Periodic Tenancy [with renewal of Deposit Protection papers/ Superstrike ruling] plus perhaps the offer of a Deed of Assurance if they were proven to be a 'model' tenant (rent paid on time, neighbours respected, & property well looked after)? I wonder if Deed of Assurance might be on a capped sliding scale as tenancy grows & LL/tenant get more confident in each other?
Clearly sounds like a bad tenant quickly becomes a time-consuming, money-wasting, energy-draining liability worth every reasonable effort spent avoiding in the 1st place:
e.g. should I always do my own viewings even if via a letting agent? I also liked the idea of linking Rent Payment to an incentive such as LL offering to pay % towards Winter fuel bills?
Any 'tricks of the trade' that you know to work would be most welcome before I get my first tenant.

by David Sweeney

16:22 PM, 24th August 2013, About 9 years ago

Reply to the comment left by "Steven Burnell" at "24/08/2013 - 13:15":

NEVER EVER make a section 21 notice conditional. It doesn't tell a tenant you are evicting them, that's not it's purpose, it tells them you **may** seek possession after expiry. I know the wording doesn't sound like that to the uninitiated (ie 99.9% of all tenants) but it isn't a notice to quit - the Housing Act is clear that there is no such thing as a landlords NTQ on an AS

by Gary Dully

10:01 AM, 3rd September 2013, About 8 years ago

The Section 21 Process is a sick joke.

It is designed as a delaying tactic for scammer's and an exercise in teaching trainee citizens advice bureau or Shelter volunteer staff how to spot an amateur landlord at a hundred paces.

It is a box ticking nightmare, which requires a different numbered notice served dependant upon it being within the fixed term or periodic.

It requires an expert in the Gregorian calendar to calculate the dates and 90% are rejected by the courts because of typographical or date errors.

It costs more than going down the section 8 route and doesn't allow for a money order to be attached.

I issue a section 21 notice at the start of each tenancy dated accordingly to the last day of the fixed term and I get the tenant to sign it after the tenancy agreement has been signed and the rent received in advance.

I have used this method twice and I am very reluctant to use it at all.

Both times the tenant ignored the order, but the guarantors kicked them and punched them in the face to avoid any more litigation. But it involved another set of proceedings to get the outstanding rent.

Lets face facts here and be blunt,

Its been decided by the people in power that it was a mistake to invent it as a route for eviction and it now has so many caveats attached to being even allowed in a court that its as useful as a broken nose.

If you want a tenant out - Use a section 8 notice - all the required grounds are in there to have a go at,  from damaging the property, Anti-Social behaviour, persistent rent delays to being a vicar and wanting to play your organ again.

If it gets to court and you win - the tenant has a repossession order placed against their credit record, you can claim outstanding arrears and its cheaper.

Most tenants will cave in and surrender their tenancy, those that don't surrender can have their day in court - but if your grounds for eviction are proven - the judge usually will grant a suspended order or mandatory eviction.

If you have a guarantor - make sure they are on the summons as they use a defence later on of a vexatious claim that should have been brought at the first claim.

I am prepared to show a judge a previous repossession order from their court where a colleague has also judged against the guarantor.

A judge will not contradict their own colleagues.

Any court case is an ordeal for both parties, but any tenant who dreams of messing about with my families income gets everything I can throw at them. Either your tenant pays or you will - you decide!

Don't pussyfoot around with someone who lies and cheats - that's what you as a landlord get accused of anyway.

But the Section 21 route is now unfathomable, too technical and a blood sport against landlords that the courts and politicians rely on to keep the eviction totals down.

A 90% rejection rate says it all - if people had that statistic for their driving test - they would scream like a demented pig stood on a bicycle.

The section 8 route is a rough ride for a tenant and results in a CCJ against them and their guarantor for breaching an agreement that they signed for.

If you are evicting a tenant for no reason - well then you are a 'bit of a bastard' landlord and deserve to have a 90% fail rate - I therefore blame those landlords for bringing this blight upon us.

 

by Mark Alexander

10:56 AM, 3rd September 2013, About 8 years ago

Reply to the comment left by "Gary Dully" at "03/09/2013 - 10:01":

I completely disagree that section 8 is the way to go Gary. I serve s.21(1) b early into the tenancy after having protected and served the Deposit Protection Certificate and Prescribed information. I have created over 1,000 tenancies over a 25 year period and have only ever had to seek possession via the Courts twice, both of which were over 10 years ago and prior to my letting and references being perfected - see >>> http://www.property118.com/landlords-buy-to-let-property-investment-strategy/finding-perfect-tenants-and-minimising-risk/

If I had a need to use a section 8 notice it would be as a result of having completely screwed up in terms of my selection procedures.


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