Is there any recourse against the court?

by Readers Question

A month ago

Is there any recourse against the court?

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Is there any recourse against the court?

I have had to request possession of a rented property using a S21. The Magistrate had given my tenants 14 days on top of the court hearing date to vacate.

Is a Magistrate allowed to add this extension on as possession is mandatory from the date of the possession order?

Bearing in mind I have had to wait 2 contract months and the time to apply to the courts etc. the tenants went on to clear the property of all my furniture.

If the Magistrate had not allowed the extension I would have had control of the access to the house, is there any recourse against the court?

Many thanks

Alex

Comments

Puzzler

A month ago

I thought 14 days was standard? Presumably they have to have time to move out....if they don't you'll have to apply for bailiff eviction...look on the gov.uk website for the procedure

Mark Lynham

A month ago

14 days is pretty standard... did you expect them to have to vacate the same day as the court order was heard?

terry sullivan

A month ago

use high court bailiffs--out on day

ps high court judges are powerful

Martin Roberts

A month ago

I'm surprised it went to magistrates court, normally county court, and whilst using baliffs is a good idea you still need a Court Order, you can't just book them.

Sadly I very much doubt you can hold the court responsible, but do report the theft of furniture to the police.

They will almost certainly try and fob you off saying 'It's a civil matter', but theft is theft so push them.

Chris Daniel

A month ago

Reply to the comment left by Martin Roberts at 19/10/2017 - 10:10
If you get a 'Its a Civil matter' response, ask to speak with a Supervisor ( Sergeant ) taking names and brief responses off everyone you've spoken with.
If no joy with the Sgt, inform him of your intention, and make, a Formal complaint.
This will work.

Clint

A month ago

I am surprised that the hearing is at the magistrates court as it is usually at the county court. From the hearing date the judge can give up to 42 days for the tenants to vacate however, this is in exceptional hardship cases. 14 days I believe is pretty good. If the tenants are on benefits, most councils will ask them to stay at the property after the date ordered until the bailiffs attend which would be about 6 weeks later if you are lucky and if you apply for the bailiffs immediately. I had one case years ago where I had to wait 4 months for the bailiffs after the order as the bailiffs were all very busy at the time

Robert Mellors

A month ago

Why was this with the Magistrates Court? Surely you mean the County Court? Regaining possession via a s21 or s8 Notice is a civil case, so it would be at the County Court.

No you cannot sue the court for them following the law. The law gives courts the discretion to set the possession date (within limits) and this is what they appear to have done. It is your tenants that are the criminals and you should ensure that you report the thefts (and any other criminal matters) to the police and provide evidence of the crimes. You could also sue the tenants for the damage or thefts and the court may make a financial award, i.e. a court order, in your favour, however, enforcing such a court order may be more difficult and the whole process could be costly and time consuming. It is not the court that is at fault, it is the law itself which is at fault, as it protects bad tenants (thieves, liars, vandals, etc) and gives landlords no quick or effective means to evict the bad tenants and enforce the court judgements against them (unless they have significant seizable assets).

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