Evicting a Tenant

babazub

Hi Friendly people,
Tenant has not really paid much for 6 months, and has been behind with rents for 14 months now.
I have got a Possession Order. Done through a useless solicitor who forgot to tell me he was off work till 2/1/19.
So I've still not seen the PO. I expect the Tenant has had it.
The Date to Leave is 3/1/19.
So for the next bit, to get a warrant of possession, I want to do it on my own.

How much will it cost me?
When I go on the gov.uk website, it brings up this form. Form N325: Request a warrant for possession of land
Is that the right one? It does not seem correct to me.

Can someone please send me a link for the correct form for a house?

Once I send it off. What happens next please?
How long can it take?
Can the WANT TO LIVE FOR FREE tenant put in any defence at this stage?

Thanks a lot for all replies in advance (y)

theartfullodger

Tenant, paying or not, may acheive suspension, re-examination or chucking out of PO or get granted extra time up until bailiffs/HCEO walk up path to front door. Quite possible there was a fatal error, missed by all, in your solicitor's paperwork.

So you've only been told you have a PO, not seen it by someone not good at communicating. Hmmnnnnn wonder if there was one.

Date is really not "to leave" but expiry needed before starting next stage as defined in S5(1) of Thatcher's 1988 Housing Act.

Done any training in landlord/tenant law?

Pixie5740

babazub wrote: »

Hi Friendly people,
Tenant has not really paid much for 6 months, and has been behind with rents for 14 months now.
I have got a Possession Order. Done through a useless solicitor who forgot to tell me he was off work till 2/1/19.
So I've still not seen the PO. I expect the Tenant has had it.
The Date to Leave is 3/1/19.
So for the next bit, to get a warrant of possession, I want to do it on my own.

How much will it cost me?
When I go on the gov.uk website, it brings up this form. Form N325: Request a warrant for possession of land
Is that the right one? It does not seem correct to me.

Can someone please send me a link for the correct form for a house?

Once I send it off. What happens next please?
How long can it take?
Can the WANT TO LIVE FOR FREE tenant put in any defence at this stage?

Thanks a lot for all replies in advance (y)

The cost depends on whether you stick with the county court or have the warrant of possession transferred to the high court. The tenant could potentially delay the eviction even at this stage.

N325 might be the correct form but then again it might be
N325A depending on the type of possession order granted. What does look right about N325 to you?

https://www.gov.uk/evicting-tenants/eviction-notices-and-bailiffs

babazub

Rang the court, been told it is the right form.
Also googled for help with the form, and I feel better now

To transfer to the high court, what is the benefit of that. Does it get dealt with quicker?
What is the extra cost for doing it that way?
Also, doing it that way, can the tenant still raise a defence?

In some places I read about some tenants causing damage to the property when they know they will be evicted.

Is this fairly common?
If they did do that, can they be pursued for the cost of the damage?

Bossypants

babazub wrote: »

If they did do that, can they be pursued for the cost of the damage?

You can pursue them, but even with a win, actually getting paid is another matter. It will often be a 'blood from a stone' type of situation, since if they had money available, they would typically be paying their rent.

In other words, by all means pursue, but don't count on a payout to cover your losses.

Cakeguts

Please get a CCJ against them. It won't help you but it will make it much more difficult for them to rent anywhere else and if all landlords did this it would help other landlords not to take on non paying tenants.

anselld

babazub wrote: »

Rang the court, been told it is the right form.
Also googled for help with the form, and I feel better now

To transfer to the high court, what is the benefit of that. Does it get dealt with quicker?
What is the extra cost for doing it that way?
Also, doing it that way, can the tenant still raise a defence?

In some places I read about some tenants causing damage to the property when they know they will be evicted.

Is this fairly common?
If they did do that, can they be pursued for the cost of the damage?

high court route....
https://forums.landlordzone.co.uk/forum/residential-letting-questions/51366-enforcement-of-a-possession-order-using-the-hceo-route?50166-Enforcement-of-a-Possession-Order-using-the-HCEO-route=

tarman

In some places I read about some tenants causing damage to the property when they know they will be evicted.

Is this fairly common?

theartfullodger

Are you asking as a tenant wanting support for same?



More likely if landlord has been unpleasant.

Charming, friendly landlords who always smile do better ...

Pennysmakepounds

tarman wrote: »

In some places I read about some tenants causing damage to the property when they know they will be evicted.

Is this fairly common?

Yes - is the short answer in most cases.


Also, they may remove your white good/furniture you have in the property and sell it and before you say that stealing and I can get the police involved.


The police will pay lip service but do nothing in reality.


Sad but true.

tarman

To transfer getting a Warrant of Possession to the high court, what is the benefit of that. Does it get dealt with quicker?
What is the extra cost for doing it that way?
Also, doing it that way, can the tenant still raise a defence?