Legal eviction?

Legal eviction?

2:23 AM, 8th February 2023, About A year ago 17

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Hi, I wondered if anyone has had any experience of legally evicting a tenant and how long it usually takes?

My tenant has been served a section 21 and was given three months. On the weekend she was due to move out she emailed the letting agent to say she was not moving out and waiting for the council to rehouse them, and that the council ‘may’ keep them informed.

She had agreed to the moving out inspection and at no point in the last three months made any attempt to communicate that she was not going to leave.

The agents are dealing with it but I just wondered what the average timescales are as I will have nowhere to live in 7 days as I have moved location due to family illness.

Thank you,

Kirsty


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Comments

JamesB

9:14 AM, 9th February 2023, About A year ago

I served a s21 last February. Tenants didn't leave at end of April. I filed court forms, but the tenant filed some completely odd and irrelevant defence that made no sense, yet based on that the court decided a hearing would be required.
I waited until 20th Jan this year for a hearing, which was a very stressful and during those months the tenants behaved like utter *****. They kept leaving messages in the small hours about imagined emergencies etc. They didn't pay rent properly.
The hearing lasted 10 mins with the judge actually opening by saying "I don't understand why we are here". Anyway,I got my possession order on mandatory grounds. The PO date was 6 days ago and the tenants simply ignored it.
I have filed for a warrant of possession but have been warned that this can take between 6 and 12 weeks.
So in a nutshell, I have always done everything right but it has nearly taken me a year so far to get my house back and I am still in limbo waiting.
This country is so broken, and despite having been a portfolio landlord for 27 years I am sick of being taken for a mug/cash cow by this government and am unlikely to ever grant another tenancy. I mean come on, over a year for doing everything right?!!!
Good luck with yours.

Kirsty Heath

11:04 AM, 9th February 2023, About A year ago

Reply to the comment left by JamesB at 09/02/2023 - 09:14
Hi James

Thanks for your information, so sorry to hear about your lengthy situation

Landlord of 25 years

12:27 PM, 9th February 2023, About A year ago

You have had good advice Kirsty. Do not mess about go straight to an evictions specialist. I use Quality Bailiffs in London and they are brilliant. It varies court to court but I had to use Barnet court. I served a section 8 notice in Sept 21 ( he was already 3 months in arrears with rent). I applied for a hearing 12.1.22. I got to court 28.7.22 and got an immediate repossession order. Even then they have weeks before the warrants are served. I escalated to the High Court cost me another £1500 but well worth it. The Bailiffs and police evicted him 14.11.22. Some of the delay was that my original agent Agent Smart who were poor but mostly it is because the court system is broken. I am owed 25 grand.
Tenants can steal from their landlord with impunity in this country. Make sure that your paperwork is perfect. Poor you it is a nightmare and really unfair !!! best Helen

David

12:33 PM, 9th February 2023, About A year ago

As your s21 notice is now going to be tested in court, I suggest you check its validity here:
https://nearlylegal.co.uk/section-21-flowchart/

Barry Cook

20:37 PM, 9th February 2023, About A year ago

Best advice I ever got was to offer tenants a grand to sling their hook if they started ducking and diving with rent or didn't leave when served.

Goes against the grain but quicker and more effective than the British legal system.

Rv Suzuki

15:24 PM, 10th February 2023, About A year ago

As above and it's not nice if you can bribe them out it will be quicker and cheaper. I have done it. Make sure they sign a document to say they are leaving of their own will. Show them the money in cash do not hand it over until they have removed everything and given you the keys. Do not let them back in under any circumstances for anything. You can also whether they deserve it or not return the deposit as they will need it to go somewhere else. Sadly this situation can go on for a long time if they stay.

Helen

13:15 PM, 11th February 2023, About A year ago

Tenants are of the misguided opinion that the local authority will magic up a lovely place for them to live if they wait for the bailiffs, which of course won't happen and I agree that they should be told about this, though they probably won't believe you.
The other thing is that I have been informed by the Local Authority Housing Officer that if a tenant reneges on their rent they won't be rehoused, so they need to be told this. Then, at least you will hopefully get the rent until the bailiffs turn up.
Also if they get a CCJ they won't be able to rent privately again, but, again, if you tell them this they probably won't believe you.
This doesn't help your need to move back into your own house I am afraid. In my experience from the date of the initial S21 to bailiff eviction takes about a year. It may be a couple of months quicker if you pay for High Court Bailiffs but they are much more expensive.

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