energy.assessor@love.so.uk Posted April 24, 2011 Report Share Posted April 24, 2011 Hi there, We have recently served a Section 21 notice on some HB tenants who have been paying less than half the rent each month. The eviction date is the 29th of April, does this mean we can actually take back possession of the property on that day or would it be the following day the 30th? Also, how will we know if they have left, would we be trespassing if we tried to let ourselves in on this date but they've decided not to leave? How do we go about getting a court order if they haven't left and how long is the process likely to take? Many thanks! Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted April 25, 2011 Report Share Posted April 25, 2011 You can only take possession of the property if it is 100% clear they have vacated. From my experience i would say these tenants will not move until you get a court order but go round to the property and check with the neighbors and maybe look through the window/letterbox or knock on the door. You will know if they have gone. If you think they have gone and go in make sure you take a camera and take lots and lots of photos that you couls use for evidence that they vacated such as post on mat, empty areas, rubbish etc. If they are still there you need a court order which is court form N5b and it will take about 6 weeks (give or take a week or so) to get a hearing and the judge should give a possession order 14 days later. Also write to the housing benefit section of your local council to get any benefits paid direct to yourselves. Explain you are the landlord and the tenants are xxxx in arrears. If the arrears are more than 2 months worth quote regulation 95 and the have to do it. If you have a guarantor chase them for the arrears Link to comment Share on other sites More sharing options...
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