Evicting tenants after possession order - timelines

lillyharvey

Help! I'm in a short house purchasing chain in which completion is dependant upon the seller at the top of the chain evicting tenants who are currently refusing to leave (I'm afraid I don't know any further details about circumstances, as I'm not in direct contact with the top of the chain). I know that a possession order has been issued and then this date has passed. Can anyone give me any idea how much longer the eviction process is likely to take from here? I'm aware that there will be variables in such matters, but I'd be really grateful if anyone could share timeframes of their similar experiences, as I'm struggling to even hazard a guess at how long this will take. Thank you! 

bouicca21

A possession order was issued against my dodgy neighbours about 3 weeks ago.  The landlord told me the bailiffs would take 4 to 6 weeks from the date they were paid to effect the eviction.  Presumably it is all down to local backlogs and so may vary from area to area.

saajan_12

lillyharvey said:

Help! I'm in a short house purchasing chain in which completion is dependant upon the seller at the top of the chain evicting tenants who are currently refusing to leave (I'm afraid I don't know any further details about circumstances, as I'm not in direct contact with the top of the chain). I know that a possession order has been issued and then this date has passed. Can anyone give me any idea how much longer the eviction process is likely to take from here? I'm aware that there will be variables in such matters, but I'd be really grateful if anyone could share timeframes of their similar experiences, as I'm struggling to even hazard a guess at how long this will take. Thank you! 

If you mean a possession order from the court has been issued and expired (vs a S21 notice) then the next step is applying for bailffs and waiting for them to visit. The timeline could be 4-6 weeks if they used county court bailiffs, or shorter (and costlier) if they escalated to high court. 

When it gets to bailiff stage, the likelihood of property damage also increases, esp if the bailiffs have to force entry, so the buyers of the top house may then want some repairs before they agree to buy. 

pinkshoes

lillyharvey said:

Help! I'm in a short house purchasing chain in which completion is dependant upon the seller at the top of the chain evicting tenants who are currently refusing to leave (I'm afraid I don't know any further details about circumstances, as I'm not in direct contact with the top of the chain). I know that a possession order has been issued and then this date has passed. Can anyone give me any idea how much longer the eviction process is likely to take from here? I'm aware that there will be variables in such matters, but I'd be really grateful if anyone could share timeframes of their similar experiences, as I'm struggling to even hazard a guess at how long this will take. Thank you! 

A possession order I think means the S21 has been issued, they didn't move out so it has already gone to court. As they still haven't moved out then the next step as already mentioned is appointing bailiffs, which could take a few weeks depending on the area and backlog of cases.

Anyone wanting a council property are advised by the council to wait for bailiff eviction, so this is perhaps what they are doing. 

I would be asking to see a copy of the paperwork just to check that this is indeed a possession order rather than just an S21 that has expired.

lillyharvey

Hi All, thanks for your responses! Sorry if my post was confusing and I haven't used clear terminology. The court issued the possession order mid April which stated that the tenant had to leave by the end of April but they have not left. Therefore, if I understand correctly the next step is to obtain a warrant or writ of possession from either county or high court, which the bailiffs can enforce. So it was that part I was trying to get a time scale for. 

saajan_12

lillyharvey said:

Hi All, thanks for your responses! Sorry if my post was confusing and I haven't used clear terminology. The court issued the possession order mid April which stated that the tenant had to leave by the end of April but they have not left. Therefore, if I understand correctly the next step is to obtain a warrant or writ of possession from either county or high court, which the bailiffs can enforce. So it was that part I was trying to get a time scale for. 

TBH your post was reasonably clear, but partly questioning because you're hearing it 3rd hand from the LL, through the chain and down to you, so may have been miscommunicated along the way. Hence flagging that the answers above only hold if what you;ve been told is accurate.. 

theartfullodger

The tenant has the right to appeal the judgement up to the time the bailiffs walk towards the front door.  

Could take much longer, wait and see.

Good luck.

bouicca21

If the tenant is anything like my dodgy neighbours, they will wait for the bailiffs because that’s the only way they will be able to get the council to rehouse them.