SMF - Just Installed!

Wait time for Warrant of possession

Started by Jag, January 11, 2025, 05:02:36 AM

Previous topic - Next topic

Jag

I am reaching out in the hope that you might be able to provide some guidance on a deeply distressing situation I am currently facing.

I moved overseas for work and, in the process, rented out my only property via estate agent – a three-bedroom house in Kingsbury, London. However, since December 2023, I have not received any rent payments (a sum of around £23k in total). I have recently received a possession order, but I've been told that it will take up to six more months before a bailiff can take action following the application for a warrant of possession.

In the meantime, my tenant is living in the property without paying rent. Although she is not employed, her partner – a manager at a building materials company – is staying at the property as well. Curiously, he disappears whenever the estate agent comes for inspections.

I am facing severe financial strain, as I rely on the rent to make my mortgage payments. Despite my repeated attempts to obtain partial rent assistance through Universal Credit, my applications have been denied. The tenant claims Universal Credit, and the council has advised her to remain in the property until a bailiff's appointment is confirmed.

I have reached out to DWP, local ministers, community.gov.uk and also Brent Council for assistance, but to no avail. I feel utterly defeated, and the mounting debt and looming fear of potential repossession are taking an enormous toll. My mortgage commitments are becoming increasingly difficult to meet, and I have accrued significant debt in an attempt to keep up with payments.

When I contact Willesden County Court, the wait time is often over an hour, and they provide only general advice, with no concrete support and mention wait times of over 6 months.

If anyone has any advice or suggestions for how I can resolve this matter as swiftly as possible, I would be truly grateful. I am desperate for a solution that would allow me to regain control of my property and financial situation.

Thank you very much for your time and any assistance you may be able to offer.

jpkeates

You can try and escalate the matter to the High Court for enforcement. That's more expensive, but there are more High Court Enforcement officers that county court bailiffs and their lead times are likely to be shorter.
The companies can often help you with the paperwork (for a fee).

Given the size of the debt I would also begin legal action to recover the money owed. It is unlikely that the tenant will be able to pay any of it, but it might allow you to make them bankrupt. The threat of that might move it towards a resolution.

Was the claim based on a section 21 or section 8 notice?

heavykarma

Is the tenant receiving housing benefit? If so, is this not benefit fraud if she is pocketing the money?

jpkeates

It's not benefit fraud. It might be unethical, and I would be personally disapproving, but it's not actually a fraud (or a benefit fraud).