ljstof4 Posted May 30, 2011 Report Share Posted May 30, 2011 Hi All, I have applied to court on a N5b and paperwork has come back and tenant has been sent hers, now i know she will not leave property when court says because the council have told her to wait for bailiffs date, Could you tell me , do i have to wait for court date to pass then contact bailiff or can i contact bailiffs for date before court date has expired, Thanks for any help, Linda Link to comment Share on other sites More sharing options...
Grampa Posted May 30, 2011 Report Share Posted May 30, 2011 Normally judge will give the tenants 14 days to vacate and if they dont you need form n325 (i think) to arrange a bailiff. Link to comment Share on other sites More sharing options...
ljstof4 Posted May 30, 2011 Author Report Share Posted May 30, 2011 Hi Grampa, thanks, can i fill in this form to arrange bailiffs straight away or do i have to wait til court date has passed, as i have heard there can be quite await for a date from bailiffs, Linda Link to comment Share on other sites More sharing options...
Mortitia Posted May 31, 2011 Report Share Posted May 31, 2011 No, as I understand it you have to wait for the court date to pass then endure the wait for the bailliff which can be 3-5 weeks. It is all part of the torture - when are we going to get a grip in this country and sort some of this rubbish out?! Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted May 31, 2011 Report Share Posted May 31, 2011 If the hearing for the possession order is not defended it is normally just rubber stamped and you and the tenant will be informed of a possession date 14 days later. You then need to find out if they have moved out on the 15th day, maybe by asking neigbours looking through windows letter box, knocking on door etc. If they havent gone fill in the correct form (or fill in, in advance) take to the court with the fee and you will get a bailiff date. In my area it is about 10 days later but that will chjange from area to area. Link to comment Share on other sites More sharing options...
Eliteclaimsservices Posted May 31, 2011 Report Share Posted May 31, 2011 No, as I understand it you have to wait for the court date to pass then endure the wait for the bailliff which can be 3-5 weeks. It is all part of the torture - when are we going to get a grip in this country and sort some of this rubbish out?! Mortitia Mortitia is quite correct (although the time lag for the bailiff’s appointment can be shortened if you attend their offices in person). Also, if the application to evict is unopposed or indeed non-attended, I would make the case to the judge on the day for “possession forthwith” if this is granted by the District Judge (if not question why), I would request from the same that a hand written note addressed to the court bailiffs be given to you, this note should give you immediate permission for execution of the possession order (just granted). First, you must complete the following form and pay the appropriate fee (£110.00 I believe) http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=562 I would strongly recommend using the services of a bailiff, as they normally contact the police and do the job seamlessly, withour recourse to you. Don’t forget to have the services of a locksmith to hand, if so required. Link to comment Share on other sites More sharing options...
Mortitia Posted May 31, 2011 Report Share Posted May 31, 2011 Thanks for that titbit about 'hand written note' from the judge ECS. I am of the opinion that most of the judges I have come accross wouldn't p*** on me if I was on fire let alone help with hand written notes but I will give it a try - I am in court on 9 July with a S8 hearing! Mortitia Link to comment Share on other sites More sharing options...
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