Accelerated possession procedure-how long

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  • Accelerated possession procedure-how long

    How long does the this procedure take?
    Having served notice under section 21 I anticipate having to submit forms N5B to the court on 18th February

    How long do they take to grant possession order and tell tenants to get out.

    After that, assuming the worst, how long to get court bailiffs to evict the "tenants"

    Any advice appreciated

  • #2
    Depends on the area, where I am, it takes about four weeks from submitting the N5B to the repossession date then another four weeks for the bailiffs' date. Its unlikely to be shorter than this and may be a fair bit longer.

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    • #3
      thanks again

      thanks for that
      I've pm'd by email address to you

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      • #4
        First, take a piece of string...

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        • #5
          i have the same problem:

          section 21 issued correctly to tenants on the 16th october 2006 to expire on the 4th january 2007.

          they are housing benefit tenants and I have spoken with my local council and they said they will not rehouse them as they are considered intentionally homeless. We must apply to the courts for possession.

          court dates take ages in my area-can i apply to the courts now for a date in anticipation that my court date will be after the 4th january 2007. Or do I have to wait until it expires??

          also i have read that you can be granted possession without a hearing-is this likely for my case?

          thanks in advance

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          • #6
            Originally posted by rainbowcuddles View Post
            i have the same problem:

            section 21 issued correctly to tenants on the 16th october 2006 to expire on the 4th january 2007.

            they are housing benefit tenants and I have spoken with my local council and they said they will not rehouse them as they are considered intentionally homeless. We must apply to the courts for possession.
            What reason have they given for this?
            Originally posted by rainbowcuddles View Post
            court dates take ages in my area-can i apply to the courts now for a date in anticipation that my court date will be after the 4th january 2007. Or do I have to wait until it expires??

            also i have read that you can be granted possession without a hearing-is this likely for my case?

            thanks in advance
            There is normally no hearing for an S21 notice, it should be automatic. You can't apply for bailiffs until the date given by the court has passed.

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            • #7
              I have been served with a sec 21, and i put a defence in, so there is a court hearing. But from what i was told, it's upto the district judge if he/she thinks there's a case to defend/argue on the tenants side of things.

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              • #8
                Originally posted by jinny View Post
                I have been served with a sec 21, and i put a defence in
                On what grounds?
                Last edited by Ericthelobster; 16-12-2006, 07:46 AM. Reason: messed up

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                • #9
                  Originally posted by jinny View Post
                  I have been served with a sec 21, and i put a defence in, so there is a court hearing. But from what i was told, it's upto the district judge if he/she thinks there's a case to defend/argue on the tenants side of things.
                  I'm really confused about this. How can you "put a defence in", you haven't been charged with anything, just informed that the landlord will be seeking posession of the house.

                  Has the notice period expired, and he's now going to court to get you out? As I see it, if the paperwork has been completed correctly, the landlord has a right to his property back and the only argument you could have might be for a little bit of additional time to find an alternative place. However, seeing as you will have already HAD two months' notice, you'd only be likely to get a further 14 days or so.

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                  • #10
                    The whole process is ridiculously long
                    Have first issued my section 21 on Jul 20th I still dont have the property back

                    If what some people are saying - you then have to wait another 4 weeks for Bailiffs I think thats the final straw

                    As I havent been paid since August can I go in and remove my white goods and remove 'the boiler'! - a friend told me to remove the downstairs windows!!

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                    • #11
                      Originally posted by Surrey View Post
                      I'm really confused about this. How can you "put a defence in", you haven't been charged with anything, just informed that the landlord will be seeking posession of the house.

                      Has the notice period expired, and he's now going to court to get you out? As I see it, if the paperwork has been completed correctly, the landlord has a right to his property back and the only argument you could have might be for a little bit of additional time to find an alternative place. However, seeing as you will have already HAD two months' notice, you'd only be likely to get a further 14 days or so.
                      I think it depends on each person's situation tbh, i had a seperate sheet of paper in with my court papers if i decided to ask for a hearing..but as you know from my previous posts, i have had a lot of trouble with my LL, i filled in the papers and got a court date (this was in may 06) but now have had another sec 21 sent to me, which is due to be heard in Jan 07.

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                      • #12
                        Originally posted by Surrey View Post
                        I'm really confused about this. How can you "put a defence in", you haven't been charged with anything, just informed that the landlord will be seeking posession of the house.

                        Has the notice period expired, and he's now going to court to get you out? As I see it, if the paperwork has been completed correctly, the landlord has a right to his property back and the only argument you could have might be for a little bit of additional time to find an alternative place. However, seeing as you will have already HAD two months' notice, you'd only be likely to get a further 14 days or so.
                        Well, it would be a defence to possession order if s.21 Notice were defective.

                        But s.21 Notice isn't a court action. If Notice served and T refuses to leave, L would apply for possession order. It's then that T could defend if s.21 invalid, or wrong dates shown, or it's not an AST at all.
                        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).

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                        • #13
                          Originally posted by jeffrey View Post
                          Well, it would be a defence to possession order if s.21 Notice were defective.

                          But s.21 Notice isn't a court action. If Notice served and T refuses to leave, L would apply for possession order. It's then that T could defend if s.21 invalid, or wrong dates shown, or it's not an AST at all.
                          Yes, it turned out that the sec 21 was invalid in my case, as the LL sold it on to another LL, and the sec 21 i got, was in the first LL's name not the 2nd one's name! they must have thought i wouldn't notice, but with a bit of digging into the said company i found that out all by myself!! and i found out a few other things too, not directly related to the sec 21, but i think the housing benefit people and tax man would be interested in the company who "conned" me out of my house.

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                          • #14
                            Originally posted by MrWoof View Post
                            What reason have they given for this?
                            There is normally no hearing for an S21 notice, it should be automatic. You can't apply for bailiffs until the date given by the court has passed.
                            they have said that the tenants will not be rehoused when the s21 ends-we must apply to court for a court order and then bailiffs will need to knock at their door before the council will even help them.

                            I think this is riduculous but as the lady pointed out to me on the phone its legislation

                            just biding the council time if you ask me!!

                            thing is theyve paid no shortfall of rent and they moved into the property in july and didnt get their benefits paid until september. nightmare tenants all round.

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