9:58 AM, 27th March 2025, About 4 weeks ago 14
Text Size
Ah, the joys of the British legal system — a place where logic takes a back seat, and bureaucratic chaos reigns supreme. If you thought following the law would lead to a smooth resolution, allow me to disabuse you of such optimism.
Let me walk you through my latest adventure in the court system, where I finally secured a possession order after months of legal gymnastics, incorrect rulings, and a judge who looked more uncomfortable than a vegan at a steakhouse.
The “Excessive” Deposit Debacle
Picture this: I collected a tenant’s deposit in 2014 — yes, over a decade ago — and the tenancy became periodic in 2015. Fast forward to my accelerated possession claim in 2023, and a judge strikes it out faster than you can say “incompetence.” Why? Apparently, the court believed the Tenant Fees Act 2019 retroactively applies to all tenancies from the dawn of time, and any deposit exceeding five weeks’ rent invalidates a Section 21 notice.
Now, if you actually *read* the law (which is apparently too much to ask), you’ll know that deposits collected *before* 1st June 2019 are exempt from this rule. But hey, why let facts get in the way of dismissing a perfectly valid claim?
N244: The Magical Form That Fixes Judicial Errors (For a Fee!)
Enter Property118 — the beacon of hope for landlords drowning in judicial nonsense. With one of their member’s guidance (as I did not have a clue), I filed an N244 application to reinstate my claim, citing case law and the fact that the 2019 law does not apply retroactively to pre-existing deposits. At the hearing, the judge, seemingly allergic to eye contact, mumbled something about “The Section 21 isn’t invalid” (yes, Your Honour, that’s kind of the whole point) and swiftly moved on.
He asked the tenant if there was *anything* (and I mean **anything**) they could think of to prevent a possession order. Their response? A resounding “No.” The judge then graciously granted a 14-day possession order and awarded me a whopping £391 in costs. Victory, right? Not so fast.
The “Express” Possession Order (Estimated Delivery: 17-22 Weeks)
Feeling cautiously optimistic, I requested the judge to sign a draft order to expedite eviction, given the farcical delays I’d already endured. He assured me the order would be issued within 24 hours and that I’d receive it within 48 hours. Bless his heart for believing in the efficiency of HMCTS.
A week later, after refreshing my letterbox like a man awaiting a love letter, I rang the court only to be informed that possession orders now take between **17 to 22 weeks** to be processed. And, of course, I cannot apply for bailiffs until the physical order arrives. Nothing says “swift justice” like waiting five months to recover your own property.
Refund? Sure — Just Pay Another £303
Naturally, I also asked for a refund of the £303 fee I paid for the N244 application, given that the original strike-out was, you know, **wrong**. The judge, with the compassionate wisdom of a parking inspector, replied, “It wasn’t the tenant’s mistake, was it?”
No, Your Honour, but it also wasn’t **mine**, and yet here I am, out of pocket. The solution? Pay **another** £303 to request a refund. And if that refund is successful? You guessed it — I’ll still be down £303 for the new application. A Kafkaesque loop of paying to request refunds for paying to request refunds. I couldn’t make this up if I tried.
Moral of the Story
If you’re a landlord navigating the possession process, brace yourself. The law may be on your side, but the system? Not so much. Even when you win, you lose time, money, and perhaps a sliver of sanity.
And if you ever feel like you’re losing faith in logic, just remember: the British court system is here to make sure that no good deed goes unpunished — for the low, low price of £303 a pop.
Jaz
L Bennett
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up10:13 AM, 27th March 2025, About 4 weeks ago
well time to take personal action against incompetant judiciary
Downsize Government
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up10:13 AM, 27th March 2025, About 4 weeks ago
The system is clearly broken and no resolve to fix it.
When there were riots, there was resolve and action was taken.
Mick Roberts
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up10:24 AM, 27th March 2025, About 4 weeks ago
Disgusting isn't it.
I've had similar experiences.
JB
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up10:27 AM, 27th March 2025, About 4 weeks ago
Reply to the comment left by Downsize Government at 27/03/2025 - 10:13
Ha Ha Ha!
Are you inciting landlords to riot? (Only joking)
We'd all end up in prison for offending someone
NewYorkie
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up10:30 AM, 27th March 2025, About 4 weeks ago
A perfect example where AI on a mobile phone would have produced the right result. Ask Gemini... Must excess deposits for tenancies existing before 2019 be refunded under the Tenant Fees Act 2019... No!
Yet... the legal industry will fight like rats in a sack to insist they offer a better service than AI.
Patrick Jacobs
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up13:46 PM, 27th March 2025, About 4 weeks ago
I`ve had a similar experience. Section 8 served pre-Covid, got a hearing in Jan 25. Case adjourned as tenant failed to show. RE-LISTED THIS WEEK. CASE ADJOURNED AS TENANT FAILED TO SHOW and THE (new) JUDGE "DIDN`T HAVE THE FILE" I had my file, but judge "couldn`t proceed with out a Court file". So much for filing online. Did I mention my costs exceed £3k/month for a rent of £325/month & arrears of £7k? - he`s the sole occupier of a former HMO waiting major refurbishment. It used to house 10 happy people before the current guy drove them all away & ruined the place.
JamesB
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up20:04 PM, 27th March 2025, About 4 weeks ago
I know the pain.
I had tenants that were a few thousand in arrears and had turned the house into a 3 floor dustbin and the garden into a jungle. After about the 50th broken priomise by the tenants I knew I had to evict and I thought that in the interest of an easy life I would use s21, stupidly assuming that it would allow for a fuss free accelerated possession. I met every requirement. A FEW MONTHS later I received a simple form saying that the judge wasn't satisfied that I had met all requirements and that a hearing would be required "date - tba". I mean, really, how does that make you feel? The date actually turned out to be several months later again.
On the day of the hearing, not having a clue what I had done wrong, I was then subjected to an attack by their free solicitor trying to claim that the s21 wasn't valid as the EPC had expired. The judge was patronising and said to me "unfortunately, housing law is very complicated". Well, the tenancy had started pre 2015 so epc wasn't even a condition for s21 anyway but neither their solicitor or the judge knew this - until I (with no prior legal experience) pointed them to case law. The more I think about it, I actually hate them for that shocking level of arrogance and incompetence on their part.
Their solicitor then tried to get me on CP12s not being served - note, not "not being carried out", but not served. Again, not even relevant to a pre 2015 tenancy, but they had been done properly and I took some pleasure in providing every email acknowledgement by the tenants.
Then, finally, in not so many words, is there any other possible reason why we could try to screw the landlord here? No, oh well possession granted and costs awarded.
That was over 2 years ago and I have never seen a penny of those costs and the extra months of delays racked up further arrears for me at £1800 a month for several months, caused more damage to the house and caused me unbelievable stress. It was the catalyst for me gradually closing out of all my BTLs as I never want to let to anyone again. Stupid, stupid unjust country - I really hope that there is a massive housing crisis, given that policy has wreaked havoc on 30 years of my hard work.
A fedup landlord
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up20:40 PM, 27th March 2025, About 4 weeks ago
I had a similar situation, judge made a mistake, I ended up having to foot the cost for delayed hearing, unfortunately, judge is immune to taking consequences when they make errors. They're really above the law. I lost faith in our legal system long time ago.
Disgrunteld Landlady
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up15:08 PM, 28th March 2025, About 4 weeks ago
I had similar with Judges. They were so incompetent I thought I was going mad. I explained my tenants who caused 7000 stg of moutd damage, they were a flight risk back to their very hot country one of who's Dad was a general and he made this clear in threats. Judge said no they are sitting right here in court. the whole thing took 18 months, one mess after another in court, Of course they took flight and I wasnt going to pay for the N944 to get another thrashing at court. Sadly didnt get a CCJ on them so beware of people from that hot country if you are renting in Middlesbrough.
TheMaluka
Become a Member
If you login or become a member you can view this members profile, comments and posts!
Sign Up7:51 AM, 29th March 2025, About 4 weeks ago
Reply to the comment left by JamesB at 27/03/2025 - 20:04
"I really hope that there is a massive housing crisis, given that policy has wreaked havoc on 30 years of my hard work."
Surely your wish has already been granted?