Huge delays with court in trying to evict tenant

[legalfun]

Hi all,

Based in England.

Writing this on behalf of my auntie and uncle though I have gotten involved recently.

My auntie and uncle purchased a property in 2021 with sitting tenants - they are on an AST. They bought it with the view of evicting them and then moving in.

As they would be homeless, the council has told them to stay put until the bailiffs are called in. I sympathise with the tenants greatly, it's not a fun situation.

The tenants between 2021 and 2022 missed 4 months of rent payments as well.

Now, my auntie submitted an N119 form in early 2022 but the judge adjourned the hearing for some reason (particulars of the claim) - the form needed to be done again and re-submitted to the court and re-served to the tenants. This was done in June 2022.

Up until last week I have not been involved. I called the court last week and they said they are waiting for the form to be submitted again - at this time I wasn't aware my auntie did resubmit it in June 2022. After they updated me, I called again today. The court said that they recorded a certificate of service in June 2022 but nothing more. There have been no other updates or anything else since June 2022. Some tragedies hit the family and so we all got quite busy with that which is why it hasn't been chased up properly until now.

I informed the court the documents were resubmitted. They said to send an email describing the above situation and I should hear back in around 19 weeks. That is crazy long. They have already been waiting nearly 2 years to get possession of the property (I understand there has been little chase up between).

I have a personal interest in that the property is quite close to mine and they can assist in day to day due to the aforementioned tragedies, so we are keen to resolve this as soon as possible.

Aside from emailing the court as directed, what can I do to speed this up?

[legalfun]

So whilst in the process of starting a new s21, the court got back to us with a date for a hearing for possession.

The hearing happened and the judge said we need to file a new s21 because the previous had expired. But we have been waiting more than a year for the court to get back to us - it's due to their delays. The judge wasn't hearing any of it.

He also said if they wanted to move into the property why are they taking rent which is so bizarre.

The court delayed the whole process and now they're asking us to restart - surely they should take into account their own delays? We did have a solicitor who did not seem to be of much help.

[islandgirl]

Sorry to hear thias. I think there are 2 options. Pay a specialist eviction solicitor and let them do it right or do it yourself but follow every step of the way. Issue a s21 but first ensure it is valid - there are checklists online - I can find one for you if you wish. You have to have up to date gas safety certs, deposit protected, correct paperwork issues ete etc for it to be valid. Remember that a s21 does not remove them it is a notice to quit. If they do not go then you go to court and start again. If they do not obey a court order then it is baliff time. This will go on a while. If they owe more than 2 months in rent you can also issue a s8 notice.

[legalfun]

What stops the same thing from happening?

[islandgirl]

A correct s21 and s8 if applicable and a close watch on dates and deadlines

[Crazy council]

Hi legalfun . When the judge mentioned the rent , Quote "He also said if they wanted to move into the property why are they taking rent which is so bizarre."

He may have been giving you a hint. s21 can be difficult in none standard cases ( change of owner during tenancy ) and the council will list reasons to the tenants how they can avoid/delay these.

Wereas s8, if they have more than 8 weeks of arrears, ( prob why the judge asked about rent ) , the eviction would have been straight forward.

Here is some details for section 8

https://www.citizensadvice.org.uk/ho...tion-8-notice/

Although it is achievable to do this yourself, like islandgirl suggests , a solicitor or property management company would have got this first time,

As general advice for any homeowner involved in eviction.

Both tenancy contracts and eviction notices are important legal documents, that need to be compleated and served within a set of strict rules. 99.99% of the time you ill save time and money by using s solicitor or agent.

[legalfun]

A solicitor was used for the s21.

I think the comments above don't address that the court took a year to give a hearing.

I'm not aware of any issue with the s21 other than it expiring for which the court delayed the hearing.

With regards to the judge hinting, I don't understand this point - my auntie/uncle can't afford their current rent and not accept rent from their new home.

An s8 is not applicable because the tenants have less than 2 months arrears (they pay monthly).

We will be starting again with an evictions specialist but definitely felt 1) the solicitor should have handled all of this, paid about £2.5k I believe 2) the court delays were unfair and despite trying to get in touch there was nothing I could do to speed it up, shocked that this is all fine to be honest and that all seems out of our hands so don't understand what is to stop it happening again.

[islandgirl]

No answer really other than correct service and keeping it on track as much as you can. The courts had (and still have) massive covid delays. In the criminal system we are now listing trials into March 2024....it is not right and not fair but seems to be how it is.