fit4life Posted September 4, 2012 Report Share Posted September 4, 2012 Hi Oh Wise 1s, Pls can some1 advise me on how to fast track this tenant out of my house, how much does it cost n the lenght of time this takes. Link to comment Share on other sites More sharing options...
LLAW96 Posted September 4, 2012 Report Share Posted September 4, 2012 When you issue claim for possession (cost £175) the court rules provide for a hearing date no earlier than 28 days from the date of issue of the claim and no later than 10 weeks. Where a tenant is damaging the property, or makes threats etc the court has the power to abridge the time for the hearing date from 28 days to a matter of a few days. You would have to get before a judge under a certificate of urgency and make an application to abridge time, you would need to give evidence as to what the tenant has done or is doing (cost £80). On the judge being convinced they will abridge time. You will need to serve the claim and make sure the tenant is aware of the hearing date (certificate of service would have to be filed at court). At the hearing and on the ground being made out (i.e mandatory ground or judge accepts it is reasonable for an order to be made under a discretionary ground) you would seek an order for possession forthwith. You would then seek to have the matter transferred to the High Court for enforcement (£350) the county court is cheaper £110 but you will get a High Court sheriff out within 7 days, the county court takes 4-6 weeks. Simples. Link to comment Share on other sites More sharing options...
fit4life Posted September 4, 2012 Author Report Share Posted September 4, 2012 When you issue claim for possession (cost £175) the court rules provide for a hearing date no earlier than 28 days from the date of issue of the claim and no later than 10 weeks. Where a tenant is damaging the property, or makes threats etc the court has the power to abridge the time for the hearing date from 28 days to a matter of a few days. You would have to get before a judge under a certificate of urgency and make an application to abridge time, you would need to give evidence as to what the tenant has done or is doing (cost £80). On the judge being convinced they will abridge time. You will need to serve the claim and make sure the tenant is aware of the hearing date (certificate of service would have to be filed at court). At the hearing and on the ground being made out (i.e mandatory ground or judge accepts it is reasonable for an order to be made under a discretionary ground) you would seek an order for possession forthwith. You would then seek to have the matter transferred to the High Court for enforcement (£350) the county court is cheaper £110 but you will get a High Court sheriff out within 7 days, the county court takes 4-6 weeks. Simples. Thanks LAW is there any chance you could take on this case or recommend some1 / company reliable enough to do this ... not sure i have the mental n emotional capacity to fight, prefer to take my last penny and save the house while the boiler is still inside. Also it was mainly the workmen who heard her bragging. not sure if their words count but got before and after pictures, as i lived in the house before. help me pls... Link to comment Share on other sites More sharing options...
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