Section 21 - how long to possession if goes to court?

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    Section 21 - how long to possession if goes to court?

    I have served a Section 21 Notice, but if the tenant does not leave on or before the appointed date how long, roughly, does it take before he is evicted, i.e. if I have to go to court?

    Also, after he is told to leave, how long does he get to pack his things up and go?

    Advice gratefully received.

    #2
    Originally posted by Rabbit View Post
    I have served a Section 21 Notice, but if the tenant does not leave on or before the appointed date how long, roughly, does it take before he is evicted, i.e. if I have to go to court?

    Also, after he is told to leave, how long does he get to pack his things up and go?

    Advice gratefully received.
    Once you have filed your N5b (£150) with the court, it will take 4-6 weeks for your order to be processed. The tenant will be given a minimum of 2 weeks to leave. If he doesn't, you will need to organise court bailiffs (£95) to remove him. Expect another couple of weeks delay.

    Comment


      #3
      ""The tenant will be given a minimum of 2 weeks to leave.""

      i think the maximum a judge can give a tenant is 42 days from the date of the hearing...

      if bailiffs are busy it can be 3-4-5-6- weeks before they knock on the door

      Comment


        #4
        But an immediate Possession Order takes effect- er- immediately.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by susanne View Post
          i think the maximum a judge can give a tenant is 42 days from the date of the hearing...
          I think you are right - but I have stated that on here and been told there is no maximum.

          Comment


            #6
            Can anyone show from where this supposed 42-day rule derives (chapter/verse, please)?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              Can anyone show from where this supposed 42-day rule derives (chapter/verse, please)?
              Jeffrey - the 42-day ruling is for exceptional hardship only and is written on the last page of the n5b form:

              "Normally, if the court makes a possession order, it
              will tell you to leave the premises within 14 days.
              The judge can allow up to 42 days but only if satisfied
              that leaving within 14 days would cause you hardship
              which is exceptional (that is, worse than would
              usually be suffered by someone having to leave
              within 14 days)".

              Comment


                #8
                True, but on what statutory basis is that note included?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  True, but on what statutory basis is that note included?
                  I thought you would know this, but in any case...

                  Residential Possession Proceedings are governed by Part 55 of the Civil Procedure Rules; they are split into two types, Traditional and Accelerated Proceedings.

                  Postponement of possession
                  55.18
                  "(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980, the judge may direct a hearing of that issue."

                  Housing Act 1980 (c. 51):
                  (See underlined text below)
                  "89. Restriction on discretion of court in making orders for possession of land.
                  — (1) Where a court makes an order for the possession of any land in a case not falling within the exceptions mentioned in subsection (2) below, the giving up of possession shall not be postponed (whether by the order or any variation, suspension or stay of execution) to a date later than fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused by requiring possession to be given up by that date; and shall not in any event be postponed to a date later than six weeks after the making of the order.
                  (2) The restrictions in subsection (1) above do not apply if—
                  (a) the order is made in an action by a mortgagee for possession; or
                  (b) the order is made in an action for forfeiture of a lease; or
                  (c) the court had power to make the order only if it considered it reasonable to make it; or
                  (d) the order relates to a dwelling-house which is the subject of a restricted contract (within the meaning of section 19 of the 1977 Act); or
                  (e) the order is made in proceedings brought as mentioned in section 88(1) above."
                  The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                  Comment


                    #10
                    I know that s.89 so provides; but the 1988 Act does not allow stay/suspension/postponement if L proceeds under a s.8 (mandatory ground) or s.21.
                    Consequently, I see s.9(6) of the 1988 Act as overriding s.89 of the 1980 Act.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by jeffrey View Post
                      I know that s.89 so provides;
                      Post #6 suggests otherwise.

                      Originally posted by jeffrey View Post
                      ...but the 1988 Act does not allow stay/suspension/postponement if L proceeds under a s.8 (mandatory ground) or s.21.
                      Yes, under s.9(6).

                      Originally posted by jeffrey View Post
                      Consequently, I see s.9(6) of the 1988 Act as overriding s.89 of the 1980 Act.
                      The CPR and County Court's see differently.

                      Note that the start date of s.89 is 01/02/1991.
                      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                      Comment


                        #12
                        Originally posted by jeffrey View Post
                        Consequently, I see s.9(6) of the 1988 Act as overriding s.89 of the 1980 Act.
                        Originally posted by tom999 View Post
                        The CPR and County Court's see differently.

                        Note that the start date of s.89 is 01/02/1991.
                        Still, a later Act impliedly takes precedence over an earlier Act (1988 is later than 1980), irrespective of commencement dates.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #13
                          As already mentioned, Part 55 of the Civil Procedure Rules applies -specifically for a possession claim brought by a landlord ( s.55.2(1)(a)(i) ) under the accelerated procedure, i.e. s.21 of HA 1988. See:

                          II ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY
                          When this section may be used
                          55.11
                          "(1) The claimant may bring a possession claim under this Section of this Part where –
                          (a) the claim is brought under section 21 of the 1988 Act to recover possession of residential property let under an assured shorthold tenancy; and
                          (b) subject to rule 55.12(2), all the conditions listed in rule 55.12(1) are satisfied.
                          (2) The claim must be started in the county court for the district in which the property is situated.
                          (3) In this Section of this Part, a ‘demoted assured shorthold tenancy’ means a demoted tenancy where the landlord is a registered social landlord or a private registered provider of social housing.
                          (By virtue of section 20B of the 1988 Act, a demoted assured shorthold tenancy is an assured shorthold tenancy)"

                          ...
                          Postponement of possession
                          55.18
                          "(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980, the judge may direct a hearing of that issue."

                          If you "see s.9(6) of the 1988 Act as overriding s.89 of the 1980 Act", then the County Court possession claim forms and District Judges may be inclined to disagree.
                          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                          Comment


                            #14
                            Rules (= SI) cannot amend an Act unless with explicit statutory authority of an Act [e.g. the 'Henry VIII' clauses beloved of NewLabour].
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              Originally posted by jeffrey View Post
                              Rules (= SI) cannot amend an Act unless with explicit statutory authority of an Act
                              Yes, I agree, however:
                              1) The Possession Proceedings are governed by Part 55 of the Civil Procedure Rules.
                              2) I cannot find any authority of cases of a defendant's exceptional hardship where the Judge has ordered six weeks postponement of possession, and where s.9(6) of the 1988 Act has been used to gain possession at an earlier date.
                              3) The Defence form also states a maximum of 42 days.
                              The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                              Comment

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