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Hi everyone,i live nextdoor to a two bedroom house which is literally full of all kinds of people,they have caused damage and nuisance and they don't pay rent (private house) and the landlords sent them an eviction note in July but they are still in the house,the landlord as had't to apply for a court order to get possession of the house back,this as taken months,four weeks ago the tenants got several papers from the court,included was a 'reply' form where they had't to give their side of the story,i have been told that it won't actually go to court and that the next letter they get will have a date on for them to move out,does anyone know how long it will take now for thwem to be 'o fficially' booted out?I need to know this because at the moment i have family living in that house too(long story) so need to know how long they have got,thanks.

2007-12-30 07:09:10 · 6 answers · asked by Natalie L 1 in Politics & Government Law & Ethics

ps.Im in the U.K

2007-12-30 07:17:26 · update #1

Yes they are in a private house and they have the same landlord as me,they haven't paid the rent and that's why the landlord tried to evict them-it does make sense!

2007-12-30 07:24:33 · update #2

6 answers

There are two types of possession procedure governing assured shorthold tenants. Under the standard procedure the court will send a copy of the claim forms to the tenant together with a defence form. Once received the court will fix a date for the possession claim to be heard - usually 2-3 months, on average. If the landlord served the original notice requiring possession correctly then there is ordinarily no defence and the court must order possession. That is usually anywhere between 7 days and 6 weeks from the date of the court hearing.

If the tenant does not leave on that date the landlord must enforce the possession order; usually by obtaining an appointment for a bailiff to attend the property. The whole process takes on average 5-6 months if the tenant drags his heels.

There is also a quicker method for landlords to gain possession of their property, called the Accelerated Possession Procedure, which can help get possession of their property possibly without the need for a court hearing.

If this procedure is used, landlords can only claim possession and the costs of making the application. The landlord cannot, for example, include a claim for arrears of rent. The court will normally make its decision by looking at the documents ('written evidence') which the landlord and tenant provide. There are strict time limits for the tenant to file his defence - but if no application has yet been made to the court I'm afraid your neighbours will be around for a few months yet. Quite often landlords know less about housing law than their tenants!

2007-12-30 09:09:58 · answer #1 · answered by stephen.oneill 4 · 0 0

Depends on what state you are in and how fast the landlord's attorney moves. So far it has taken months, and if the landlord's attorney doesn't act, the court could never issue an order of eviction.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

2007-12-30 15:15:24 · answer #2 · answered by scottclear 6 · 0 0

If it does not go to Court and I think it may have to and after that the Bailiffs will get them out but it depends on how much time the Court has and how hard the Landlord pushes when the various notices expire

2007-12-30 15:47:22 · answer #3 · answered by Scouse 7 · 0 0

You said they don't pay rent and that it's a private home, yet they have a landlord... that makes no sense.

If they own the home, they won't be getting evicted by anyone, and you'll need to take different steps to get them to clean up their act.

2007-12-30 15:17:41 · answer #4 · answered by Mary G 6 · 0 0

Varies by state and county. No way to tell; usually 7-30 days from final disposition

2007-12-30 15:13:26 · answer #5 · answered by wizjp 7 · 0 0

depends known people stay for lots longer than notice given. and if on benefit landlord still gets paid despite wanting them out.good luck.

2007-12-30 15:18:15 · answer #6 · answered by markie 2 · 0 0

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