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Evicting a Tenant

24

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    tarman wrote: »
    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?
    try google...
    - What do High Court Enforcement Officers do?
    - How much does it cost to use a High Court Enforcement Officer?
    - Can the Defendant do anything to stop the Writ?

    https://www.hceoa.org.uk/faqs/do-you-need-the-services-of-a-high-court-enforcement-officer
  • babazub
    babazub Posts: 32 Forumite
    Not sure of your first sentence.
    I use a letting agent, and we have followed all the processes correctly.
    The tenant is lying, avoided all contact for months, and now claims she did not get the possession order.
    That's not even mentioning the unpaid rents
    She would not let the agent into the property to do an inspection last week
    I dread to find out what on earth is going on inside.
  • Believe it or not, when I was being evicted (LL was selling, no arrears), I didn't get the possession order. I had to visit the court and make phone calls to get a very badly photocopied copy sent to me, two weeks later. The court was such a shambles, I suspect it was never sent rather than lost in the post.

    I needed the possession order to show the council so desperately needed it.

    The tenant may not be lying about that. I couldn't believe how difficult it was to get the possession order lol.
  • Believe it or not, when I was being evicted (LL was selling, no arrears), I didn't get the possession order. I had to visit the court and make phone calls to get a very badly photocopied copy sent to me, two weeks later. The court was such a shambles, I suspect it was never sent rather than lost in the post.

    I needed the possession order to show the council so desperately needed it.

    The tenant may not be lying about that. I couldn't believe how difficult it was to get the possession order lol.



    If I was in that situation I would have hand delivered the papers from the court to the tenant at the address.


    As a LL you would have got a copy too.
    :jTo be Young AGAIN!!!!...what a wonderfull thought!!!!!:rolleyes:
  • babazub
    babazub Posts: 32 Forumite
    Is the onus on me to deliver the Possession Order to the Tenant?
    Surely it is for the court to do that, as I have no contact with the Tenant
  • diggingdude
    diggingdude Posts: 2,501 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    babazub wrote: »
    Is the onus on me to deliver the Possession Order to the Tenant?
    Surely it is for the court to do that, as I have no contact with the Tenant
    I would cover my backside and take a photo of yourself delivering a copy to occupier regardless
    An answer isn't spam just because you don't like it......
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    When applying for HCEO to evict tenants, is it's only discretionary order and Judges can turn down request....
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • babazub
    babazub Posts: 32 Forumite
    Think I will not go for the HCEO route for now. Filled in the N325 and emailed it and paid them. Spoke to the Bailiff for this area. Told me should get a date within 3 weeks, but will try to do it sooner if he can.

    Is 3 weeks the norm?
  • babazub
    babazub Posts: 32 Forumite
    Think I will not go for the HCEO route for now. Filled in the N325 and emailed it and paid them. Spoke to the Bailiff for this area. Told me should get a date within 3 weeks, but will try to do it sooner if he can.

    Is 3 weeks the norm?

    The admin side at the court have made many !!!!-ups.
    Can I use that as an excuse to tell the bailiff to deal with my case sooner?
  • ciderboy2009
    ciderboy2009 Posts: 1,245 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Car Insurance Carver!
    3 weeks is actually quite quick!

    A number of courts are quite severely in arrears with their work (funding cuts = staff cuts even when the workload is increasing) so I wouldn't push too hard or you might find that you end up further down the queue!

    What mistakes have been made by the admin side at the court? Are you certain that it was them making the mistakes and not your solicitor?
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