UK Landlord Forum / Life

Quick question
4th January Accelerated possession proceedings given to tenant & stops paying rent
11th Tenant files a defence
12th Told it will go to District Judge
26th Heard Nothing since

How long does this take?
Ego

What was the defence?

The defence was she is an invalid on full benefits, the main points she makes are:
she has been ' fighting since September to get medical guidance to support a hosing application'
'My family don'y have room for me and my sons to move in' (Parents have a large 4 bedroomed house in the next road)
'she is going to hospital in  mid January' (She has not gone in)
She also said' I really want to move because of the stress to my self and my sons'
Then there is a list of all the medication she is taking.

One other point a friend has  shown me her at a party in a restaurant, really one big lie!

From this point on very subjective and depends on your area and how busy the court is.
Based on my experience which may or may not be relevant:

Up to 2 more weeks to get a hearing date
Hearing maybe 3-4 weeks away
Judge at hearing can award 42 days stay of possession (reduced by time tenant has already overstayed)

I'd say total time: less than 3 months (likely much less)  even if you also need to apply to bailiff as well if tenant doesn't leave after court order.

Others may have different times based on their areas.

Best of luck on this one

Hi I have just received this from my solicitor, has anyone had this before? I new I would have to wait but another 8 weeks and the tenant has not paid rent since 5th December.

'I have today telephoned the Medway County Court to query the date of the hearing and also for details of why the District Judge considers that you are not entitled to a possession order.  The Clerk indicated to me that the file notes indicate that it may be something to do with the section 21 notice, either you have not given two months notice or it does not expire on the correct date.

I have checked the section 21 notice which you served and it clearly does give over two months notice and expires at the end of the fixed term.  In the circumstances as I have previously indicated to you I believe that the same is valid.

In the circumstances I have requested that the file be referred back to the District Judge to give the reasons why he is concerned about the section 21 notice and will let you know as soon as I receive a further reply.

In respect of the hearing date the Clerk indicated to me that the 9th May, 2016 is the earliest date at the moment, however they are hoping to be able to let us have an earlier date and this will let us know if this is possible in due course.'
Any Thoughts? Are these courts staffed with idiots!

Here's an update I have just heard from the council the (benefits section) that she told them that she moved out on Monday the 15th a total LIE  also had called the environment department  that the boiler is not working and she also call my plumber I am I right in thinking that she can not book for a plumber to visit with out my say so?

Now GETTING really stressed
Ego

Please Any advice would be very helpful

She probably can if she's to pay for it herself? Ideally shouldn't do that (pay for it herself or take on maintenance for other people) but it's not clear what's going on with what you said, sorry.

Always be wary of advice from a forum
do your own research

Ego
This might be a stretch here but part of your anxiety is no doubt caused by having to work through your lawyer.
I have found on more than one occasion a trip to the court or a phone call yourself is best to get a true understanding of the situation.
What you need to find out is exactly what has the judge written on the case file.
For certain the Chinese whispers chain won't get the solution quickly.
Despite what your lawyer is saying in your post below the judges usually do put some explanatory notes on the file which invariably the folks in the admin office mistranslate. At least in Croydon Court.

I had one going back and forth until I got involved and it turned out to be some documents had been put in a different file number.  That kind of clerical thing will never have been sorted out.

The courts are not staffed with idiots (mostly) but they are massively overworked.

Suggest taking control of the situation a bit (or at least trying)

Best of luck.

'I am not satisfied that the claimant is entitled to a possession order The matter be listed on 9th May at 10:30 15 mins allowed'
Those are the words on the order.

However, this eviction gets better or worse each week, To cut a long story short, I had phoned the housing benefits section of the council to see if they would pay me the housing benefit as the tenant had not paid me for two months, I was told she had left on Monday the 15th, WHOOPEE no such luck they said they would look into the matter, The next day I received a council tax demand for an unoccupied house I phoned them and was told the tenant had left on the 8th they would send someone round to check, in the afternoon I got a phone call saying she was very much still there and this was fraud, Hmm, they told the benefits section and  I wrote out what had occurred and sent  it to the benefits section asking what were they going to do.

I will keep you posted
Ego