When do I ask the court to make a possession order?

When do I ask the court to make a possession order?

0:02 AM, 11th July 2023, About 10 months ago 5

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Hello, my claim for accelerated possession was issued on 15th June. The court served the claim on the tenant on July 6th and they now have 14 days to file a defence should they wish to.

My question is when do I send to the court my ‘Request for Possession order and costs?’

Do I send it once 14 days are up, regardless of whether the tenant has filed a defence or not?  I don’t know if a defence has been filed until the court notifies me which will delay things further.

Thanks,

Tony


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Judith Wordsworth

10:29 AM, 11th July 2023, About 10 months ago

An accelerated possession claim is a claim for a possession order.
Costs: What did you tick in box 21?
Possession:
If there is no disputing of the facts by then tenant then a judge will decide either to:

(1) issue a possession order that states your tenants must leave the property (this is normally the case)
or (2) have a court hearing (this usually only happens if the paperwork is not in order or your tenants raise an important issue)
Even if there’s a hearing, the court can still decide to issue a possession order.
If your tenants are in an exceptionally difficult situation the judge may give them up to 6 weeks to vacate.

Marie Lee

10:35 AM, 11th July 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 11/07/2023 - 10:29
Good morning. What and where is the tick box 21? I can't see this on either the N119 or N5.

Cathie French

10:39 AM, 11th July 2023, About 10 months ago

This whole process is so damn long and tortuous that I have now twice lost the sale of my property due to being unable to give a vacant possession date. After serving a Section 21 I used the 'accelerated' process but when the tenant replied to the court that they 'would be homeless' if given 14 days, the court gave them 6 weeks! Now I have had to file a Warrant of Possession with the Court and instructed the Court Bailiff to attend the property and evict the tenant.
This whole process is protracted and expensive especially since my mortgage costs have spiralled out of control when I could have sold a year ago to enable my retirement and before my fixed term ended. Now 70 I cannot get a new fixed term. It would seem that the tenant has more control over the property than the owner.

Marie Lee

10:52 AM, 11th July 2023, About 10 months ago

Reply to the comment left by Cathie French at 11/07/2023 - 10:39
How awful for you, I am 77 and in the same position not owing any mortgage payments, but the tenant is being totally obnoxious and won't move out so I will have to go the whole way to eviction, I think. Can I suggest that you approach your lender immediately? Explain everything to them and ask for their help. Most lenders are very helpful in these cases. They may offer you a payment holiday or some other short/long-term solution. It is very important that you get them on your side. good luck..

Julesgflawyer

10:56 AM, 11th July 2023, About 10 months ago

21 July. Then the file gets passed to the District Judge who will consider whether the claim form and particulars of claim justify a PO being made. The DJ will consider any defence that has been filed, even if you haven't been sent it by the court office, which does happen, unfortunately.

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