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Getting rid of tenant...any experiences of court possession orders?

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Old 29 September 2006, 05:51 PM
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turboman786
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Default Getting rid of tenant...any experiences of court possession orders?

Im in the process of trying to get rid of my **** of a tenant...

He was supposed to leave last week, but he has stayed on, saying he cant find somewhere else to live...

I have applied to the county court using the 'accelerated' court procedure for a possession order...

Does anyone know how long this process is likely to take before I get the order?...(it was an assured shorthold tenancy)

Im looking to stay on the right side of the law, as I am not someone who wants use the heavy handed tactics that would no doubt be chaper and easier, but are after all illegal...

Any experiences?..please share!
Old 29 September 2006, 06:04 PM
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GC8
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Dont be surprised if you dont win. The County Court judges decision is final and if the tenant has a good solicitor or makes a good case then thats that.
Old 29 September 2006, 08:08 PM
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turboman786
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There is no reason for the judge not to make the order...I have proof of the tenancy, all notice requirements etc. The property has been let through a very professional letting agency. I am confident I will get the order, the essence of my question is how long will it take?...
Old 29 September 2006, 08:30 PM
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Itll be listed in about four weeks; call the listing office at the County Court.
Old 29 September 2006, 08:34 PM
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scoobynutta555
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It would be a lot quicker if you had to move into the house yourself with your pregnant partner, hint hint.
Old 29 September 2006, 11:32 PM
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TopBanana
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Originally Posted by scoobynutta555
It would be a lot quicker if you had to move into the house yourself with your pregnant partner, hint hint.
Lying in court is illegal and is pretty low. Unless you're suggesting he get her up the duff to speed things along?
Old 30 September 2006, 12:41 AM
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If its presented as a pertinent fact then a decent solicitor will ask the judge to adjourn and have the case relisted; to enable supporting evidence to be produced. Then youll be f*cked...
Old 30 September 2006, 01:32 AM
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Originally Posted by TopBanana
Lying in court is illegal and is pretty low. Unless you're suggesting he get her up the duff to speed things along?
May have a pregnant partner for all I know. In any case, I could come up with many reasons why I'd need quick posession of a property, and be able to back them up with proof. Wonder how his excuse of not finding anywhere else to live will look in court?
Old 30 September 2006, 07:42 AM
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salsa-king
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a year last jan, i had tennant not paying rent, got my solicitor on it and he said that he can only do something if there were two months worth of rent outstanding and its better if they were paying monthly.. which they were.
all he could do to start with was write to them to asking for payment on a set date!...(YOU can't do this yourself as there is a set form to send them servincing them notice to quite in times like this)
if this wasn't met a court order would be served, but he said to get that could take weeks anyway, and if you got a court date they could pay up on the morning before you you've still not got them out.
In they end they left because the tw@t of a bloke living with my tenant nackered all the electric RING MAIN up so they had no power sockets working in the house.. ie.. non of the plugs. so I think that made thm go in the end, I did get my full rent paid by my tenants parents in the end.. think presure was on them to pay as the tenant was the sister in law of my mothers hair dresser.... which i/we didn't know till after they had moved in, just a co-incidence.
Old 30 September 2006, 08:48 AM
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Went through the same thing nearly 2 years ago, managed to get court order for non payment of rent, has to be two complete months otherwise it is down to the Judges discretion, our tenant knew the system so paid £100 towards month one so had to wait until end of month 3 to proceed.

It takes a long time through the courts, I had a couple of chaps on standby waiting to help the tenant pack!!!
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