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Tenant still present in property Court papers filed no defence received.

You are here : Member Forums Possession - Section 8 and Section 21 Tenant still present in property Court papers filed no defence received.
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Forgive me if this may seem like impatience however having never dealt with anything of this sort in the past we are unsure of the process and how things work.

After following the advice of some prominent members on here and speaking with other landlords, we decided to follow the section 21 route, however we had to get all of our domino's lined up as we hadn't protected the deposit so therefore had to return it to the local authority who paid it for the tenant as a loan and were happy to have it back, as the tenant had paid nothing toward the repayment of this loan.

Then we found that we needed an EPC certificate in order to issue the section 21 notice and the tenant was trying everything she could to prevent us from doing anything (including installing heating in the property, meanwhile she was complaining to the council about the heating?!)

We got the EPC sorted, we paid the deposit back, and because we didn't want to make any mistakes we got a eviction agent to deal with the issuing of the S21, this included issuing the "How to Rent booklet" and the EPC certificate before the S21 etc...

The tenant got the council involved and housing standards to come inspect the property and after some correspondence back and forth the Housing standards officer could see that we have been trying to perform maintenance and carry out repairs only for the tenant to give us the run around and deny access time and time again. Housing standards informed us there would be no improvement notices served and hopefully the S21 will solve the problem for "all involved".

We gave the tenant over and beyond the 2 month notice and didn't take the paperwork to the court to start proceedings for another month and a bit after the date she should have vacated on the notice.

I have been in touch with the eviction specialist and he said we may get a defence from the tenant and we were to wait 14 days after the papers from the court to the tenant were deemed to have been "served" the date was the 12th May 2017 so we waited until the 29th May 2017 before returning the slip to court court with our instruction as the tenant had not filed a defence.

My questions are as follows...

  • How long does it normally take for a possession order to be issued?
  • Could the tenant still file a defence after the 14 days? (I wouldn't put it past her)
  • We have a purchaser who has put an offer in for the property and has indicated they are happy to wait for the eviction to complete but obviously we don't know what the process is and what we need to do from here on.
  • The tenant has requested that we install a "NEW multi-fuel stove", however we had one quote and were informed that it would cost nearly £4k to line chimney etc and carry out the other works etc... Meanwhile the tenant has refused to allow us to get the economy 7 heating wired in. We can't afford to install brand new heating especially when we have a buyer who is waiting for the tenant to leave. Do I just go with a cheaper electric option the doesn't require electricians to install, or do we have to get some sort of loan and continue to pander to tenant?

Any questions about the situation are welcomed, we are going stir crazy sat here waiting for the conclusion for this all. It's been going on since before Christmas.

08/06/2017 11:09

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