Time taken to get possession of a property through the courts – an example

HMCourtsOne of my clients has a non paying tenant living in a property in the jurisdiction of the Luton County Court. Proceedings were issued on 19 March and an order for possession was obtained on mandatory grounds on 11 May, when the tenant was ordered to vacate on or before 25 May. She did not do so and I was instructed to apply for a bailiffs appointment. The papers were sent out on 29 May.

Today my client asked me to find out what was happening. It took some time before the bailiffs clerk answered the telephone. She informed me that all warrants are now issued in Basildon, so are sent there on receipt at Luton. Our warrant had been issued yesterday, on 10 June. When they get a batch back at Luton they will then fix the bailiffs appointments. They are currently listing for about 8 July, so my client can expect (if he is lucky) an appointment within about two weeks of that date.

So my client having issued proceedings in mid March will not get possession of his property until mid to late July, four months later.

Landlords should be aware that this is the sort of time delay you can expect when issuing proceedings for possession. My client was lucky in that the court made a 14 day order rather than a six week order (which can happen – if it had happened in this case the tenant would have been ordered to leave on or before 22 June). They should also be aware that it can take up to two months for a bailiffs appointment to be fixed in some courts, so it really is important to get on with things, and not delay.

Buffer

Back to top

Free e courseAre you a landlord?
>> Click here to read about my FREE 12 part e course, written especially for you.

>> Follow this link to read our comments policy. If you have a landlord and tenant related problem please do not ask it here but use our >> Blog Clinic.

Comments close after three months.

One Response to Time taken to get possession of a property through the courts – an example
  1. Simon Parrott
    June 15, 2009 | 7:44 am

    Dear Tessa

    This seems a ridiculous delay, and something I'm concernbed about since my local Court (Bedford) is in the same group as Luton.

    I encountered a similar problem in Bedfrod County Court when starting to use the PCOL procedure. If I used the web site to issue warrants it took ages, but I now find that sending a request direct to Bedford after the possession date makes a lot of difference. However, perhap things are a-changing!

    Don't forget that you can use the High court to issue a Writ of possession. I occasionally use this procedure and the last one i did resulted in my client getting possession back in 2 weeks, including the transfer process. It's more expensive (by about £250) but that might pale into insignificance if you factor in the void time

    Kind regards
    Simon




»

«
Recent posts:
Easy Law for Landlords Course – introducing solicitor and RPT Chair John Murray

John Murray of Emsleys Solicitors and Residential Property Tribunal Chair will be taking part in the[more]

My letting agent lied to me

This landlords letting agent told him the tenant had left the property in good order when in fact he[more]

Easy Law for Landlords – introducing Simon Parrott of Sharman Law

Introducing Simon Parrott of Sharman Law solicitors who will be helping me with the agency law eleme[more]

How can I claim for unpaid rent and missold insurance?

This landlord's tenant has moved out early. He has been told he cannot claim under his rent guarant[more]

Landlord Law Blog roundup from 8 May

The 8th May you may ask? What happened to Monday? Monday, you may remember was a Bank Holiday.  A r[more]

Ben Reeve Lewis Friday Newsround #57

Ben confesses to his heavy metal past before discussing jugaad and the bedroom tax and complaining a[more]

Are these agents charges justified?

A letting agent is charging a release fee even though they have not protected the deposit. What are[more]

Do you know which tenancy type you have?

Not all tenancies are the same and your rights can very quite dramatically according to what sort of[more]

Problems pending in the County Courts from now until August

Now is probably not a good time to bring a claim for possession through the courts. Bog standard cla[more]

How much do we need to pay to buy this sitting tenant out?

Here is a question to the blog clinic from Salvina: My mother has been renting out a 2 bedroom flat,[more]