Received Claim for Possession of Property - How Long Until Eviction?

[tpu46]

Hello,

I have received the Claim for Possession of Property for rent arrears, with a date that the hearing will take place. I have no way of paying the rent arrears for the time being and I am saving for a new place to live. How long do I have until an eviction date?

What I am unclear about is whether the landlord has the legal right to evict me with bailiffs immediately as soon as the court has granted permission for the possession, or whether they have to obtain anything further? Can the landlord instruct bailiffs to remove me immediately, and if so, realistically how long do I have before they show up to evict me?

Thanks

[Huxie]

I can’t help personally but if you haven’t already seen it, Shelter have guidance on the whole process which you may find useful:
https://england.shelter.org.uk/profe...edings_process

[JK2054]

Hello,

I have received the Claim for Possession of Property for rent arrears, with a date that the hearing will take place. I have no way of paying the rent arrears for the time being and I am saving for a new place to live. How long do I have until an eviction date?

What I am unclear about is whether the landlord has the legal right to evict me with bailiffs immediately as soon as the court has granted permission for the possession, or whether they have to obtain anything further? Can the landlord instruct bailiffs to remove me immediately, and if so, realistically how long do I have before they show up to evict me?

Thanks

Hi,

It will be 14 days after hearing, but you have several things in your favour

firstly, put up an argument (say like you can make repayments of X (IT CAN BE SMALL AMOUNT AND TAKE YEARS TO CLEAR DON'T WORRY) At the hearing ask the judge for 56 days to move out. - Just make sure you that they don't ask for permission of high court enforcement - if they do come back here immediately)
Secondly, when the order comes through it will have an eviction date, DONT LEAVE BY THIS DATE, STAY PUT
then they will have to apply to the court for bailiffs, bailiffs then have to be appointed, then a date given, this can be like 3-4 months away.
No they can't remove you straight after, they have to make another application, wait for a judge (and potentially a hearing) and then get an eviction date, and then you get evicted.

[Avery]

I'm glad I found this thread... I think I am in the same boat.

Thanks

[Avery]

Also, I would like to ask, if a landlord decided to increase the rent and we just continued paying the original amount (not the new higher amount), and then we got served with a Section 21 notice, would the landlord's actions constitute a "No fault eviction"?

Apparently, the new Renters Rights Bill will become active later this year:
https://www.gov.uk/government/public...s-rights-bill/

... 'No fault evictions' are mentioned, but I would like to better understand the scope of what this means in this situation.

[atticus]

Yes, this would be a 'no fault eviction'. Something that is not law yet will not help you.

[Avery]

Yes, this would be a 'no fault eviction'. Something that is not law yet will not help you.

Thanks.

So, just to clarify, you are saying that being served a s21, for paying the original (lower) rent, but not the new proposed higher rent, would actually be a "No fault eviction".

If so... I can't wait for the RRB to be passed ASAP this year!

[atticus]

What is not clear about "Yes, this would be a 'no fault eviction'"?

[Avery]

Okay... thank you.

Another thing is whether or not the RRB, once passed, will be able to wipe out s21 notices - that were served before the bill was passed... I certainly hope so !!!

[atticus]

Another thing is whether or not the RRB, once passed, will be able to wipe out s21 notices - that were served before the bill was passed... I certainly hope so !!!

The guidance notes to the Bill suggest that this will be the case. But it will be necessary to examine the final legislation if/when it is enacted.

[Avery]

The guidance notes to the Bill suggest that this will be the case. But it will be necessary to examine the final legislation if/when it is enacted.

Thank you

[islandgirl]

The costs of removing you from the property will be for your account of course

[pc52straw]

Question to the Beagles - isn't there already a legal distinction between a "no fault eviction" and a "backdoor eviction"?