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Order for possession wait time - accelerated procedure

Started by mikedavies4, January 27, 2025, 02:44:03 PM

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mikedavies4

Hi,

I have been going through eviction proceedings against my tenant who moved out on 10th November 2024, but hasn't removed possessions or returned keys to formally end the tenancy. He has not communicated with me since 26th November when he told me "I'd just have to wait" for keys to be returned and house cleared.

I returned the "Request for Possession order and costs" form to the court on 27th November.  I am advised by the court helpline that the case was reviewed by the judge on 20th December and referred to the orders clerk to be written up on 24th December, no further information is on the file.

My belief was that the order would be dated 14 or 28 days from the date of hearing (or review of claim as accelerated), but I am still waiting for the order to be made up and both of those timeframes have already been passed.  I am told by the helpline that orders can take up to 14 weeks to be despatched from Nottingham County Court.

Does anyone have any experience of this process, and if the wait times I am experiencing are the norm?  I can understand that judicial time may be in short supply, but surely this cant extend to the admin process?

Many thanks in advance,
Mike


jpkeates

This sounds perfectly normal. It can take months and months. Admin resource is as short as judicial resource. 
Bailiffs are likely to be your next delay (there's a six month lead time in most of London at the moment.

The tenant is daft not to end the tenancy because they're still liable to pay rent until the tenancy ends. Given the length of time that's going to be (several months) and you'll be under no obligation to end the tenancy any earlier, they're cutting off their nose to spite their face. It's no use them deciding in a month or two to reluctantly move their stuff out if a small minded landlord then doesn't end the tenancy so they owe more and more money.

mikedavies4

Thank you for the reply, looks like its just going to be a frustrating wait.  Do you know if the notice period on the possession order will be dated the date of the review of the case by the judge, therefore rendering the notice period elapsed before the tenant gets the order?

I can't fathom the tenant's actions, I have told him the tenancy continues until formally ended and accepted by both parties, but he just ignores any attempt at communication from me.  I'd have been happy to cut my loses, court fees, lost rent, deposit, and costs of removing his crap just to get possession back without this hassle, but as more time elapses and the outstanding costs accrue it kind of makes it more worth while to pursue action against him for the losses. I suspect he thinks I wont be able to find him as he has left no forwarding address.

heavykarma

Does anyone know the current laws regarding abandonment by a tenant?  I ask because I was in a similar position years ago. Tenant did a Moonlight, rent arrears, no keys left or communication. I recall having to post a particular notice on the door of the flat, then after a couple of weeks or so I was able to change the locks and throw out his junk, and relet the flat. I think that was also the time I decided to never take a guarantor again, no arrears were paid. Have things changed since then? 

jpkeates

Quote from: mikedavies4 on January 28, 2025, 02:12:22 PMDo you know if the notice period on the possession order will be dated the date of the review of the case by the judge, therefore rendering the notice period elapsed before the tenant gets the order?
It should be. It won't stop the tenant appealing though. Sometimes they do just to be a complete pain.

QuoteI suspect he thinks I wont be able to find him as he has left no forwarding address.
it costs a couple of hundred quid after about three or four months. People give themselves away on social media normally. I always sue and always make it my life's work to get the maximum amount back. It's oddly satisfying.

jpkeates

Quote from: heavykarma on January 28, 2025, 03:11:46 PMDoes anyone know the current laws regarding abandonment by a tenant?
They tried to change it a while back, but there is still no abandonment process of any kind.

What you did was perfectly sensible, and I'd probably have done the same, but it's probably unlawful and, arguably, criminal.

Obviously, if the tenant has abandoned the property for real, it doesn't really matter what you do because they're never going to complain. But it can be a real pain if you're next step is to sell the property, because you might be asked for proof the tenancy ended legally.

mikedavies4

I was hoping he'd abandoned and I could evidence that with no possessions left etc, but there's food in the fridge and cupboards, pots and pans, clothes, god knows what other crap, no beds or sofas though, clearly took what he wanted/needed and left the rest behind, advised by ex solicitor mate to go via court to avoid being potentially shafted by tenant for unlawful eviction. Probably wouldn't but cant risk being convicted as law is so skewed toward tenants.


jpkeates

Your mate is giving prudent (zero risk) advice.

There are only a very small number of claims for unlawful eviction, and they've almost all rogue landlords who're illegally evicting people as a routine business process.

It's a defence if you reasonably believe that "and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises."

And, while the tenant can try and sue you, getting someone to prosecute would be fairly difficult.

I'm not suggesting you do anything different. But, sometimes, desperate times...

heavykarma

I acted on the advice of my solicitor at the time, who was very old- school and proper. The notice had a specific name I seem to recall, and there was no suggestion that I was taking any risk. Even if there had been I would have gone ahead. I suppose those were the days before tenants were so savvy in the art of shafting the landlord.

I hope the landlord here has informed his insurers of the situation. If the water and power are still on, and a fire or flood happens they would probably refuse to cough up if the place is deemed uninhabited.