SMF - Just Installed!

Accelerated Possession seems to be taking ages!

Started by Josie, July 01, 2015, 11:40:07 AM

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Josie

Hello there.   Can you please give me some advice.   I verbally told my tenant back in December that I would not be renewing the tenancy in June and issued a formal notice under section 21 giving her 3 months notice.  She did not move out and the Council told her she has tenancy rights and would only move out if I apply for a Bailiff's warrant.  Having sold the property STC and on the advice of my estate agent who handled both the tenancy and the sale, I  therefore registered a claim under the Accelerated Possession procedure to evict her.  The court sent me a Notice of Issue which states that the a separate notice of service will be sent to me when they serve the claim.  I still have not heard anything and it's now 1st July.  How long does it take to serve the claim?  Admittedly, the husband of the tenant left the property some months ago but obviously I put his name as well as hers on my claim forms because he was a signatory on the original Assured Shorthold Tenancy Agreement.  The tenant accepts that she should be leaving but since her husband left her she has been on DSS (Council are paying the rent) and says she cannot find another rental where they will accept DSS.  This is despite my having gone with her to the Housing Benefit office to assist her and they issued her with a Landlord Incentive letter and list of agencies who could help her.   I've tried phoning the court to find out the state of play but the phone rings and rings and eventually cuts off.  I've now sent them an email but not holding my breath!   Thank you  :(

boboff

Josie no one knows how long.

As I understand it you can do it a different way, and get it done quicker.

There are "sherriffs" who post on here, and have shared links with all the details of how you do this. I cant be arsed to find them, but you could, or they will more than likely do it for you if you hang on.

Josie

Thanks Boboff : Hmmm, food for thought, had never heard of sheriffs office.  However, I finally got a response to my email to the court today.  It was by snail mail of course.  Contained an apology that I hadn't been informed that there is no defence (after 14 days) and notice was deemed to be served on 17th June so I could've applied for possession (eviction) on July 1st - obviously have sent it off today - via email and post!  But have done that now.