How long to serve N5?

  • Filter
  • Time
  • Show
Clear All
new posts

    How long to serve N5?

    I'm in the process of evicting an AST tenant. A N5 possession order (PO) has been submitted, the tenant objection date passed at the end of September and an application has been made to court. Can somebody tell what happens now and how long things normally take.

    I'm told it takes the courts take about 2 weeks to grant the PO, is that right?

    Once I have the PO, do I have to serve it or do the courts post it direct?

    How long do the tenants normally get to vacate?

    If they don't vacate do I have to arrange the bailiffs or do they go round anyway?

    How long does it normally take the bailiffs to go round and evict?

    If the bailiffs have to go round, do they tell me before they go, or do they just go as soon as they can?

    Length of time depends on your court - ring and ask.

    The courts post the order and it will give up to 42 days (in case of hardship) but as no defence could be 14-21 days to vacate.

    If they don't vacate you fill out another form for the court bailiff at cost of £110. You can ring and ask them how long their call will be. Because you have paid the bailiff will attend.

    You can also fast track this having paid another fee to the High Court Enforcer -- look at posts by Vicks on this site. This will be faster but not until the expiry of the time set by the courts on the N5b.

    Unless tenants are particularly vexatious they usually leave by expiry of the court set time.

    Freedom at the point of zero............


      The courts were amazingly quick and the tenant has been asked to vacate by the end of October. The tenant is applying for social housing and the council have told them to stay put until the bailiffs turn up. If I apply for the bailiffs at the end of the month how long does it normally take for them to turn up?


        Talk to the council yourself.
        They may accept your completed application for the bailiffs (which still costs you money, obviously) as sufficient evidence to re-house your tenant.
        Which may save some time
        Different councils appear to have different policies on this.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


        Latest Activity


        • Reply to Landlord in Distress
          by AndrewDod
          Um... I did this for my day job. And I am fairly mathematically astute to say the least. There are many particularly bad years that take it way above the 20K figure - in fact this is routine, and many say under-counted. So no, maybe you should actually read the reports before throwing out trite blather....
          28-03-2020, 10:55 AM
        • Landlord in Distress
          by Roydravid
          Hello ,

          My tenant has stopped paying the rent on from the 5th of MArch 2020. This was the first month they stopped the rent . It is a period tenancy after one year tenancy agreement in 2018.
          The Tenant has changed the locks and denied access for inspection and essential works . ...
          25-03-2020, 06:26 AM
        • Reply to Advice on new tenancy
          by jpkeates
          You can ask for the rent to be paid in advance, but it has to be the rent, not an extra deposit.
          So you can't ask for six months payment and then demand a rent payment in month 2.

          Theoretically the five month's deposit paid in advance meets the definition of a tenancy deposit, but...
          28-03-2020, 10:54 AM
        • Advice on new tenancy
          by AnnaJJJ
          I am just about to rent a flat to a family. The tenants have paid a holding deposit but we've not yet signed contracts. After paying the holding deposit the tenants have now advised that they may be laid off with the 80% furlough agreement. There is only one salary in the family. They've approached...
          27-03-2020, 22:39 PM
        • Reply to Advice on new tenancy
          by nbhamilt
          Are you allowed to charge 6 months rent up front? doesn't that come under additional fees thing over and above 5 week deposit and 1 month rent?...
          28-03-2020, 10:48 AM
        • Reply to My Lodger is not Leaving - Please help with legal advice.
          by leaseholder64
          As noted, issuing section 8 undermines your argument that this is not an AST.

          I think this is test case material, but it seems to me that it violates the assumptions on the nature of lodgers, so this is more about whether or not the mother is an excluded landlord.
          28-03-2020, 10:46 AM
        • My Lodger is not Leaving - Please help with legal advice.
          by kuwi

          I have rented my mother’s house out to 2 x lodgers on my mother’s behalf as she has been hospitalised due to mental medical condition. A lodger agreement was given to them as she was expected to return back in few weeks’ time. However situation had changed and she had to live out...
          27-03-2020, 18:38 PM
        • Reply to My Lodger is not Leaving - Please help with legal advice.
          by jpkeates
          I would involve a solicitor, because you're making a bad situation worse.

          The other occupant is almost certainly a lodger, so the s8 notice isn't valid.
          If the other occupant is actually a tenant (which, thankfully, I don't think they are), your mother has committed a criminal offence...
          28-03-2020, 10:44 AM
        • Reply to My Lodger is not Leaving - Please help with legal advice.
          by DPT57
          It would probably need a court to decide this and you may have shot yourself in the foot with that s8 notice, which could be seen as an acknowledgement that they have a tenancy not a licence. However, if you are worried about your mothers mental health with this person in residence, I think I would...
          28-03-2020, 10:35 AM