County Court delays driving me mad
Discussion
I currently have a sitting tenant. He was served his notice back in January, and papers were submitted to the County Court to repossess mid March.
And here lies the problem. Apparently the CC have a backlog of cases. They have not done a sausage. Now, 6 weeks later, the tenant should be out. Instead he has not even been served the papers by the court.
To say I am frustrated is an understatement.
I think my next step is to turn up at the court in person, and complain. Will this help? What are my options?
As it stands this lowlife is living there for free, and I have no idea when I am going to get him out.
And here lies the problem. Apparently the CC have a backlog of cases. They have not done a sausage. Now, 6 weeks later, the tenant should be out. Instead he has not even been served the papers by the court.
To say I am frustrated is an understatement.
I think my next step is to turn up at the court in person, and complain. Will this help? What are my options?
As it stands this lowlife is living there for free, and I have no idea when I am going to get him out.
I feel your pain as I'm in a similar situation. Tenant stopped paying the rent months ago.
Even once you get the posession order they have a couple of weeks to move out, which they can of course just ignore. Then you have to get a warrant, which of course will take more time.
Unfortunately the law is very much stacked against Landlords.
Even once you get the posession order they have a couple of weeks to move out, which they can of course just ignore. Then you have to get a warrant, which of course will take more time.
Unfortunately the law is very much stacked against Landlords.
OP have you followed previous advice posters have offered you on your earlier post?
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Wings said:
OP have you followed previous advice posters have offered you on your earlier post?
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Wings,http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Advice given in that thread duly noted, I just find it beyond my principles to offer him cash to leave. I cannot believe the legal system is letting me down.
If I knew an offer of 2/3 even £400 would get him out I would do it, but I don't think he would bite, as he has no where to go. I am not harassing him, but I am applying a lot of pressure. The bugger is pi@@ing every penny up against the wall. He has nowhere to go, and nowhere to move all his stuff. I really do think my only option is the court, hence the frustration.
From watching that cant pay, take it away thing you can get it moved to the high court and evict immediately. I think you will still have to wait for the county court go ahead but I would not hesitate to move it up and give the scum a taste of his own medicine if he is taking the piss, no matter what the cost.
If the tenant has not offered a defence to your action for possession, then you should have a court hearing within 8 weeks, and if the court agrees that you should have possession, then you will be granted a 14 day order for possession. The court can however increase that order to up to 42 days.
If the tenant however defends your possession action, then depending how busy your local is, then a successful possession order can take up to 5-6 months, the same very much dependent upon how busy your local is.
Whilst I fully understand how loath you are to offer your tenant a financial inducement to "surrender their tenancy", there are for you considerable time and financial advantages in doing the same. Good luck.
If the tenant however defends your possession action, then depending how busy your local is, then a successful possession order can take up to 5-6 months, the same very much dependent upon how busy your local is.
Whilst I fully understand how loath you are to offer your tenant a financial inducement to "surrender their tenancy", there are for you considerable time and financial advantages in doing the same. Good luck.
give them enough cash to pay the deposit somewhere else, make sure you control the process, think of the lost rent so far also the potential damage a miffed tenant can do to the property on the eve of eviction. It sticks in your throat to pay scumbags to go but is the pragmatic answer.
Don't suppose your landlord insurance will cover lost rent/damage in the meantime will it?
Don't suppose your landlord insurance will cover lost rent/damage in the meantime will it?
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