Please can you tell me how long an eviction is likely to take

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  • hybrice
    replied
    It's worth saying, there are still legal routes for this guy to take; when you apply for the warrant he could apply to have the order set aside on the basis circumstances have changed, or because of your delay etc - so as I say, a solicitor would be a good shout.

    That said, he'd need to act promptly as unless he gets a stay of enforcement or sets aside the order, then he'd be turfed out on eviction day whether or not he was challenging the order.

    But given you already have the order, you don't have any other choice, you can't re-litigate - so you just need to apply for the warrant and then deal with whatever happens next.

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  • Thurrock1
    replied
    Originally posted by Jon66 View Post
    A possession order is not a warrant for possession.

    A warrant for possession is commonly called an eviction warrant.

    Terminology is very important as it can mislead when trying to give advice.
    I got a possession order. But the tenant asked to stay and promised to pay up the arrears, which he did eventually. But he is slipping up again, but has again promised to pay up so is paying a bit extra each week.

    WOW Hybrice thanks - I will look into that.

    Its difficult for a landlord to keep up with all the legal requirements but I know that we absolutely need to and I think I am pretty compliant. and I want to thank everyone here for their advice when things go wrong.

    I have also given a rent book that I hope is sufficient that I will email him every week.
    Attached Files

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  • hybrice
    replied
    I'd suggest getting paid for legal advice, but I'm almost certain possession orders last up to 6 years, and even after that can be enforced as long as you get the Court's permission by applying under N244 application notice.

    So, as long as you have the order and it's the same person you should be able to apply for a warrant of possession using that order. The form is N325 and it costs £121.

    In fact, you could not make a new application even if you wanted to, as proceedings would be barred under Res Judicata - i.e already litigated.

    So, I mean, this is very good news for you and effectively cuts out the longest part of the process, if you applied now you'd likely get an eviction date for January/February as there's a freeze currently...

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  • Jon66
    replied
    A possession order is not a warrant for possession.

    A warrant for possession is commonly called an eviction warrant.

    Terminology is very important as it can mislead when trying to give advice.

    Leave a comment:


  • Thurrock1
    replied
    Originally posted by Jon66 View Post
    Did you go to court and get a possession order?
    Yes. in November 2018, but, as i say, did not use it. And I think they last for 2 years.

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  • Jon66
    replied
    Did you go to court and get a possession order?

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  • Thurrock1
    replied
    Hi Artful, I did properly evict in 2018 - got an eviction notice but as I said he asked to stay and paid up in time. The Notice would last, as I understood it, for 2 years and so has only just run out. But I am hoping he will start paying again, last night he said he would. Thanks again for your replies.
    He wont go to the Council to ask for help! Must admit it worries me a bit.

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  • theartfullodger
    replied
    Originally posted by Thurrock1 View Post
    ......
    I did evict him 2 years back but he swiftly paid up everything and asked to stay....
    That wasn;t eviction (When court/bailiff actually eject him..) that was presumably just you issuing a notice.

    NB Please issue both s21 & s8 for arrears (ground 11 at least) then copy s8 to local council.

    Wouldn't want local council wasting time & money rehousing when it may well not be necessary.

    And presumably no reference or only a full, honest one, please?

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  • Thurrock1
    replied
    There has been no change to his AST it has jost gone periodical after the first 6 months

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  • Thurrock1
    replied
    I did not know about the rent book law
    He originally had an AST to pay pcm and bcos he was in arrears we allowed him to pay weekly
    I did evict him 2 years back but he swiftly paid up everything and asked to stay. That was just over 2 years ago Nov 18

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  • theartfullodger
    replied
    Yes, you have to provide a rent book: Surely you'd want tenant to abide by the law (eg paying rent), so surely you'd wish to abide by the law??
    s.4(1) Landlord and Tenant Act 1985.

    see..
    https://england.shelter.org.uk/legal...ment_of_rent#4

    Given
    ..... tenant - been with me since 2012 but always in a state of arrears,.....
    - why did you not evict much earlier, say starting eviction 2012 please??

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  • MKMike
    replied
    Originally posted by Thurrock1 View Post
    ...... Long ago he went from paying monthly to paying weekly.
    Do you mean you changed the contract to a weekly rent?
    Or do you mean the contract specfies a monthly rent but he has chosen to pay you on a weekly basis?
    Makes a diference with respect to the rent book requirement.

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  • jpkeates
    replied
    Originally posted by Thurrock1 View Post
    Thank you for your replies. About the rent book, the tenant always pays bank transfer - would we still need a rent book. he lives a half hour drive away!!
    It's a legal requirement (albeit a little impractical in the modern world).

    One reason for a rent book is that it highlights any arrears.

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  • Thurrock1
    replied
    Thank you for your replies. About the rent book, the tenant always pays bank transfer - would we still need a rent book. he lives a half hour drive away!!

    Leave a comment:


  • jpkeates
    replied
    I agree with DPT57.
    If you use a s8 notice, someone will probably want to check that there's a rent book, which is a legal requirement for weekly rent.

    Leave a comment:

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