An update on the Accelerated possession Order

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I've been in the UK. I contacted the solicitors on the 27th May, the first working day after the tenants Section 21a notice to vacate the property was up.

I then gave them 2 weeks notice to inform them I would be seeking a possession order, which expired on June 26th. My solicitor issued the possession order on July 1st.

Today it is still at the court, in Worcester, it hasn't been issued, they are busy 3-4 week backlog of work, not enough staff. But it has progressed a little since last Friday, it is sitting on the Judges desk now.

I've no idea when it will get issued, but when it does the Judge will give the tenants 2 weeks to move, but they won't move out as they need to wait for the warrant for possession which can only be issued the first working day after the possession order notice is served.

How long before the warrant is issued? Assume the possession order is issued on Friday 19th. The earliest I can apply for the warrant will be August 5th. But how long will it sit in the courts before it is issued? another 3-4 weeks or longer with stuff backing up more.

I'm back in the UK beginning of September. I hope to have my house back by then, but who knows?

You can read the definition of what Accelerated means. Silly me, I thought that meant the same thing also, but I failed to factor incompetence, short staffing and the fact that landlords have no rights.

Evicting tenants

I had a short hold tenancy agreement drawn up in 2011 between myself (the landlord) and the tenants and have issued a section 21a notice, giving 3 months (legally only 2 months is required) notice for eviction. I am not required to give a reason for eviction. The rent has been paid by the tenant’s guarantor since November 2012 after continued late and missed payments.

I have kept to my side of the contract as a landlord, including purchasing a new oven since issuing an eviction notice.

I paid a solicitor £775 to make an accelerated possession order; I needed to supply a copy of the section 21a and a signed document from the agent who served it, plus the tenancy agreement.

 

The tenants had 2 weeks to supply a defence to the courts, normally citing critical illness, late stages of pregnancy (none of which apply) If the judge issues a possession order the tenants will normally have 14 or 28 days to leave the property. If this will cause them exceptional hardship, the judge may give them up to 42 days to leave.

If they don’t leave at this point, you can use bailiffs to evict them.

 

If your tenant is looking to be re-housed by the local authority, note that they will not normally do this until a possession order has been made against the tenant, and sometimes not until a bailiff’s appointment has been made.

 

I've had many offers from family and friends to go round and have a word, well we don't live in a 1970's movie and there are laws to protect the tenants from harassment.

 

It is a crime to harass or try to force tenants out of your house, if you attempt to do this they are entitled to claim damages through the court.

Harassment includes:

Anything that I do or don't do that makes the tenants feel unsafe. So I can't disconnect the electricity or water as many of you have suggested, I can't refuse to carry out repairs, I can't ask a friend to cause problems or make any threats physically or of violence to them.

It is illegal for me as the landlord to not give them the right amount of notice or just simply change the locks.

There is an awful lot of protection for the tenant, how they can get rehoused, how they can protect themselves and what their rights are if I as a landlord don't apply the law, but there's sod all around to tell me what my rights are....it appears I don't actually have any.