Hello,My landlady is trying to take me to the court for rent arrears and how long does it take for the court to issue the order for me to be evicted and I got the letter today so that means how long until the date for the court?
Country relating to Question: United Kingdom
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Can you tell me if you are being taken for the arrears only or for eviction and arrears?
for both and I offered a solution to clear the arrears including paying the rent on time but this was refused. A copy of the letterThank you for your email of 25 June 2012. I apologise for the short delay in responding but I have had to wait for receipt of my client’s instructions and I was out of the office yesterday.Unfortunately your office to discharge the arrears as per your email of 20 June 2012 is not accepted. I have been instructed to commence possession proceedings and you should receive those from the Brighton County Court in the next few days.Could I urge you to take some advice in connection with this matter.Yours sincerely
ok. In that case she can't go for an accelerated procedure where she is claiming both. if you can get the arrears to under 2 months worth by the court date, then you will not be evicted for rent arrears. If however, you can not do so, then the eviction is likely to take a couple of months until the court gives an eviction date and then another 2 or 3 weeks before bailiffs will enter the property.
I see that you added some further information once I replied.
The worst case scenario is that the court grants the order and you could be evicted within the next 2 - 3 months depending on how busy the court is.
if you pay arrears direct to a bank account, you should try to do so. If you do not, make sure that none of your correspondence is marked without prejudice as it can not be produced in court. Although the court must award possession to the landlord where there is more than 2 months arrears of rent, they can suspend it if you can prove hardship. Please be aware that they won't suspend it for a long time and you may need to move out quickly in any event.
Many thanks for your response and I think the best solution is not to pay the rent until the court date. I will present the evidence of my medical condition which is HIV positive and that my stress level hits the sky high due to the rent situation. The landlady simply shows that she don't care about me as a tenant but to evict me as quickly as possible so that she can replace me. I think I have a better chance to ask the court not to issue a default notice due to my situation or I simply give up the tenancy and leave. Let the court decide what to do about it?What about this - can they evict me because my tenancy agreement has expired and they won't renew it or does it not matter as long as I paid in and have only 2 months in arrears before the court date?
Hi. I see that I didn't help as much as you wanted. I believe that your original question was how long until you would be evicted for rent arrears. The answer is within the next 2 to 3 months. 2 months rent arrears means that a judge must grant a possession order regardless of personal circumstances and health. Please prepare yourself for that. If you can pay off any of the arrears before you go to court it would be the only way you can stop a possession order. I have seen parents with young children and elderly people evicted for this. Judges have no discretion.I hope that helps further.
BSC (hons) 14 years experience in property
The latest update is this and you told me not to use this 'without prejuice' in any of my correspondence so that it can't be produced in the court - this solicitor thinks she can? _____________________________________________________________I was disappointed to note the contents of your email containing unfounded allegations and incorrect statements. Please note a copy of that email will be placed before the District Judge at the hearing of my client’s claim. Whilst I appreciate your frustrations at this matter the fact remains you are in five months’ arrears of rent and have paid nothing since March of this year. My client is entitled to possession of her property and threatening to report me to the Law Society does not have any effect on my client’s decision not to accept your previous offers of payment.Furthermore I do not understand your allegation that we are proposing to “take you to Court” without the provision of a sign language interpreter. When the proceedings are issued we will inform the Court that you have indicated you wish to attend the hearing and that you require a sign language interpreter to assist you. The Court service covers the reasonable costs.I would strongly urge you to take some advice in connection with this matter and certainly before another email is sent in the terms of that sent by yourself.
if you mark the letter "without prejudice" this means that it can not be produced in court. I suggested that you leave this off when you are negotiating the arrears so it can be produced in court.
It was you who advised me of this not to use without prejuice? I am now in trouble then cos they will use that evidence.
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I was actually referring to the arrears. But do not worry. Correspondence may be produced, but it will have no effect on the possession case. You are merely a frustrated tenant and the judge has to make his decision based on the arrears and not on your subsequent correspondence. As I mentioned above, and I see that you are in five months arrears, the judge has no discretion in this case and will give an order for possession. The only other issue is whether the notice is correctly served and drafted. You should have received a section 8 notice which would have given you 2 weeks to leave. If you have, then that will be a reason why the judge can not give possession.
Hello again,I have not received a section 8 notice and am due to go to the court in a week time. So, I have not paid anything to date and I wonder how long does it take for me to be evicted? 2 months?
Do you mean that you have now received a section 8 notice? If so, you would have been given 2 weeks notice. If you are in court in a weeks time, then an order may be given for possession and you will have anything between 14 - 28 days to leave.
No, have not received a section 8 notice
Ok. Can you tell me on what basis you are being taken to court?
To try and evict me because of non payment of rent?
Thanks. It sounds like they may be going through the accelerated procedure. In that case, you may only have a month after the court order to leave the property.
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