how long would it take for court order

AdrianC

helpneeded2014 wrote: »

are you sure it takes that long someone said just weeks

Was that "someone" the landlord, by any chance?

helpneeded2014

AdrianC wrote: »

Was that "someone" the landlord, by any chance?

online search said

Generally speaking, the eviction process can take anywhere from as little as two weeks in the fastest states to as long as three (or even more) months in states where the process has to go through many more steps

G_M

helpneeded2014 wrote: »

online search said

Generally speaking, the eviction process can take anywhere from as little as two weeks in the fastest states to as long as three (or even more) months in states where the process has to go through many more steps

You mention 'states'. You're not in America are you......?

online search said

You do realise that the internet (online) is full of very useful information? And also full of totally misleading cr*p?


So when we ask 'who told you?', we mean 'Precisely which website or organisation were you looking at'? Not just a vague 'the internet'!!!!!

helpneeded2014

G_M wrote: »

You mention 'states'. You're not in America are you......?


You do realise that the internet (online) is full of very useful information? And also full of totally misleading cr*p?


So when we ask 'who told you?', we mean 'Precisely which website or organisation were you looking at'? Not just a vague 'the internet'!!!!!

sorry my bad and yes i do but just found this on shelter but i was told they can make it faster but can't remember who.

7 to 8 months
The full eviction process for a private tenant takes an average of 7 to 8 months. This covers from when your landlord serves a section 21 notice to when county court bailiffs come to evict you. The process could be faster if: your landlord wastes no time applying to the court.6 Feb 2018
How long a section 21 eviction takes - Shelter England

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_long_a_section_21_eviction_takes

AdrianC

helpneeded2014 wrote: »

online search said

Generally speaking, the eviction process can take anywhere from as little as two weeks in the fastest states to as long as three (or even more) months in states where the process has to go through many more steps

That phrasing is on this site...
https://www.rentprep.com/landlord-tips/how-long-does-it-take-to-evict-someone/

...which, as G_M guessed, is US-focussed. Just look at the contact details and opening hours at the bottom of the page.

[Deleted User]

I was evicted from a private rental property. It was faster than 8 months but not overly fast even so.

2 months for S21 notice. Then a couple of weeks for a court date for a possession order, they usually allow you two weeks to respond. Then they give you at least two weeks for that notice to be actable. If you have a good reason you can ask for that 2 weeks to be extended to 42 days I believe. Then back to court for a bailiffs warrant. Another two weeks for that to happen. Bailiffs have to give you another two weeks notice. Then you have to leave.

The landlord can alternatively apply to a high court to have sheriffs evict you, which is without notice, but I suspect that will still take a couple of weeks to process.

So say four months plus from start of issuing a S21. But usually slower because of court waiting times. It can be a lot longer if the tenant argues the S21 wasn't valid etc. I didn't bother as I didn't want to risk paying yet another set of court fees (I'm a sceptic too, ruled by Sod's Law - I'd probably get the one judge who hated all tenants lol). Especially as a no fault eviction will eventually be successful. There didn't seem much point.

Use the link G_M gave, at lot of people advising others (especially including Housing Depts) don't know the details.

I did have a link for costs of these cases (£500ish) to be heard in court, but can't find it right now. I have found this https://www.landlordlawblog.co.uk/2016/03/23/much-cost-evict-tenant/. In my case the judge created an order when processing the paperwork for me to pay it within 30 days. Then the LL has to go back to court to say the tenant hasn't paid the fees (the LL pays them initially, tenant is supposed to refund them). But I suspect most LL's don't pursue the refund of these costs. I don't know what the process is, I asked my LL to take the fees out of the deposit. Needless to say I didn't get much deposit back! I had to pay the CC fee and the bailiffs fee.

helpneeded2014

deannatrois wrote: »

I was evicted from a private rental property. It was faster than 8 months but not overly fast even so.

2 months for S21 notice. Then a couple of weeks for a court date for a possession order, they usually allow you two weeks to respond. Then they give you at least two weeks for that notice to be actable. If you have a good reason you can ask for that 2 weeks to be extended to 42 days I believe. Then back to court for a bailiffs warrant. Another two weeks for that to happen. Bailiffs have to give you another two weeks notice. Then you have to leave.

The landlord can alternatively apply to a high court to have sheriffs evict you, which is without notice, but I suspect that will still take a couple of weeks to process.

So say four months plus from start of issuing a S21. But usually slower because of court waiting times. It can be a lot longer if the tenant argues the S21 wasn't valid etc. I didn't bother as I didn't want to risk paying yet another set of court fees (I'm a sceptic too, ruled by Sod's Law - I'd probably get the one judge who hated all tenants lol). Especially as a no fault eviction will eventually be successful. There didn't seem much point.

Use the link G_M gave, at lot of people advising others (especially including Housing Depts) don't know the details.

I did have a link for costs of these cases (£500ish) to be heard in court, but can't find it right now. I have found this https://www.landlordlawblog.co.uk/2016/03/23/much-cost-evict-tenant/. In my case the judge created an order when processing the paperwork for me to pay it within 30 days. Then the LL has to go back to court to say the tenant hasn't paid the fees (the LL pays them initially, tenant is supposed to refund them). But I suspect most LL's don't pursue the refund of these costs. I don't know what the process is, I asked my LL to take the fees out of the deposit. Needless to say I didn't get much deposit back! I had to pay the CC fee and the bailiffs fee.

my section 21 is up on the 03-1-2018 so only two weeks so by what you say 4 months total we would have 2 months after that date ?

I do have a council flat but work is being done so got to wait but can't see it being over a month from now, if they start a court case and then i move befroe we get to court do i still have to pay.

[Deleted User]

Try phoning Shelter for clarification. But it seems to me, if you have been assigned a council flat, the council have assumed a duty to house you. If the flat isn't ready and you have to move out of your current home, they HAVE to house you (but it could be miles away and a single room).

But clarify with Shelter.

Councils do something called 'Gatekeeping' to make it as worrying and stressful for applicants as they can to put people off applying for housing.

When I was being evicted, I was told I might be considered to not be in stable housing in the borough because I'd moved from the West Mids, even though I'd been in the same rental property for four and a half years in the borough. This rule was for people that move multiple times in a short period. It turned out to be total nonsense and shouldn't even have been mentioned, but it was. Caused a worrying month or two though. Sometimes I wonder how people on the other side of the desk can look at themselves in a mirror.

theartfullodger

helpneeded2014 wrote: »

...........

if the court order is going to take over a month i will stay but if it's a week i wont because i will have to pay all the fees on top

Typically 7-8 months from date of serving valid s21 - see
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_long_a_section_21_eviction_takes



(That's if you stay till bailiffs turn up: As is your absolute legal right to do so).

helpneeded2014

deannatrois wrote: »

Try phoning Shelter for clarification. But it seems to me, if you have been assigned a council flat, the council have assumed a duty to house you. If the flat isn't ready and you have to move out of your current home, they HAVE to house you (but it could be miles away and a single room).

But clarify with Shelter.

Councils do something called 'Gatekeeping' to make it as worrying and stressful for applicants as they can to put people off applying for housing.

When I was being evicted, I was told I might be considered to not be in stable housing in the borough because I'd moved from the West Mids, even though I'd been in the same rental property for four and a half years in the borough. This rule was for people that move multiple times in a short period. It turned out to be total nonsense and shouldn't even have been mentioned, but it was. Caused a worrying month or two though. Sometimes I wonder how people on the other side of the desk can look at themselves in a mirror.

Yes they all siad to us we are very unlikely to get anything also being being number for an house i bid on does not mean we get that was more lies.