If the tenant hasn’t left after the two month notice period we can apply to the court.
The court process is typically NINE WEEKS. Outside London it can be quicker. In London, where courts are busy, it can be slower.
The claim is for possession only and we can use the Court Accelerated Procedure. Just because it’s called ‘accelerated’ doesn’t means it’s fast.
It’s called the Accelerated Procedure because it’s a paper process and there’s no hearing. The judge makes a decision purely on the papers alone. So it’s very important to make sure that the paperwork, including the original notice, are in good order.
Landlord papers in order.
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Landlord Action drafts and sends claim form,
appropriate papers and court fee to Court.
Court begins processing.
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WAIT 14 DAYS
Landlord Action constantly checks with the Court
to make sure the case is moving along.
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Court serves a copy of the claim on tenant.
This allows tenant 14 days to reply to the claim
and file a defence (rare).
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WAIT 14 DAYS
While the tenant decides on a response
there’s nothing that can be done.
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Most tenants do nothing.
Landlord Action applies to the Court
for an Order for Possession.
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WAIT 21 DAYS
Papers wait to be seen by Judge.
This period depends on how busy the court is.
Outside London it can be shorter.
Landlord Action constantly checks with the Court
to make sure the case is moving along.
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Judge makes Order of Possession of 14 days.
Court Admin begin to process the file.
The 14 day Possession Order is 14 days from
when the Judge sees the case.
By the time the tenant receives
notice from the court,
the Possession Date might have passed.
So as soon as we know,
we tell the landlord who can tell the tenant.
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WAIT 14 DAYS
While the tenant decides on a response
there’s nothing that can be done.
Most tenants leave.
That’s the typical nine week timeline of the court. If the tenant doesn’t leave, we need the bailiff which can add a further 4 to 6 weeks.
The most frustrating thing about the whole eviction process can be the waiting. Like the notice period, some court timings are statutory. Others aren’t fixed. They depend on how busy the court is, how organised the court is, and sometimes on what the tenant does to cause delay.
