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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70274
Experience:  Over 5 years in practice.
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hello..I am in a process of getting an eviction order for my

Customer Question

hello..I am in a process of getting an eviction order for my tenant. The court hearing is on 5th March 2013. Is there a way the hearing date can be moved to a early date?
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

I am really sorry but realistically there is not.

This isn't down to legal notice periods. This is just plain down to court listings and the pressure upon the system.

You can always phone the listings office and try to negotiate. Sometimes that is successful and sometimes not.

However, the practical reality is that probably that was the earliest date they had available.

For what its worth, I am sorry as I do fully appreciate the burden this type of thing places upon an investment landlord who is actually making investments to enrich the economy.
Customer: replied 4 years ago.

FOR JOMO1972- thank you for the prompt answer. I am in the process of selling the property and I have accepted an offer already. The buyer is hoping for a completion date of End of February. The tenant has stopped paying her rent for 4 months since the council stopped her benefits and she does not work so cannot afford to pay the rent let alone the arrears.


How can I make my case stronger?


 

Expert:  Remus2004 replied 4 years ago.
If the fixed term of the AST has expired and you are just seeking possession not compensation for rent arreas then you can apply for accelerated possession. You will find information upon that here

http://england.shelter.org.uk/__data/assets/pdf_file/0007/386431/Accelerated_possession_proceedings.pdf

I realise that 4 months is a long time but if this is a person on benefits you are not likely to get the money anyway long term.

That said, I don't know whether you are seeking accelerated possession anyway? These days its fair to say that its not always that accelerated.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 4 years ago.

FOR JOMO1972- Thank you again.. Sorry my system restarted.


one last question.


The Tenant acknowledges that she cannot afford to pay the rent since her benefits have been cut. However, she has nowhere to go so she need the eviction letter to be rehoused by the council. As a result, she is not keen to go to the court on the appointed date. Can she send a letter to the court now and what can she say for the court to make a decision ahead the hearing date? I hope I am making sense..

Expert:  Remus2004 replied 4 years ago.
Cant you just write her a letter to the effect that you are seeking possession?

She can use that to be rehoused.

The Court can't make a decision though in advance I'm afraid. It cannot be done as a paper exercise.

She doesn't have to attend court.

You can also talk to Sue at ABC properties on 0151 355 0693. For a nominal sum she would probably handle the case for you.
Customer: replied 4 years ago.

FOR JOMO1972- I did write a letter which she took to the Council but they said until she gets an eviction letter from the Court they cannot help. Thats my problem. Can Sue help in that regard?

Expert:  Remus2004 replied 4 years ago.
Thats a shame. That means you will have to go to court. Its unusual for a Council to take that view because they then get very little rehousing notice.

Sue won't be able to do anything about the need for an order from the court.
Customer: replied 4 years ago.

FOR JOMO1972- Thank you very much for your service...really last question.. what penalty will I incur if I am unable to complete because the tenant is still in the house. bearing in mind the buyer's mortgage expires at the end of February 2013

Expert:  Remus2004 replied 4 years ago.
Thats not really my area to be wholly honest. Overall, I'm not sure who you could incur any penalty other than to potentially lose your buyer but the sale of property isnt' really something I would know about.
Customer: replied 4 years ago.

FOR JOMO1972- thank you, bye

Expert:  Remus2004 replied 4 years ago.
No problem.

All the best.

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