Repossesion - how long do you get before eviction?

[Smarterchick]

I have a couple of cases going on which I won't bore anyone with the details of because they have gone on so long, but I am due in court within the next couple of months which will decide both cases (separately).

 

I have noticed on some threads people saying they had 48 hours to get out and others a month or two.

 

Can anyone tell me what the criteria is for setting timescales for eviction once a repossession has been granted by the court?

 

 

Also, I seem to remember reading on the forum a long time back now, that there was a case (reported) that enabled the property owners the right to take time to sell rather than being brutally evicted - can anyone recall what that case was?

 

Ta, just preparing myself for the worst case scenario...

[vickson]

Hi Smarterchick

 

I dont think there is a definite timescale, It just depends on how busy the bailiffs are in your area. Once a warrants is issued its up to the bailiff to give a date.

[Smarterchick]

Hi Smarterchick

 

I dont think there is a definite timescale, It just depends on how busy the bailiffs are in your area. Once a warrants is issued its up to the bailiff to give a date.

 

 

Thanks, but who instructs the bailiff? Taking it from the time the Judge says " Reposession is granted" or whatever he/she says what is the actual process exactly? Do notice of evictions get prepared and by whom?

 

I just want to mentally prepare for this in the event things don't work out the way I expect, sods law something doesn't go quite to plan..

[vickson]

Smarterchick.

 

I think the process goes something like:

lender aplies for warrant, this gets approved(not sure by whom),

this warrant then gets sent to the bailiffs office who will then give a date depending on their workload. they check their calendar and give an available date. the court/bailiffs office then send you the letter informing you of the date.

 

I am sure of this last part because my lender once applied for a warrant and it took ages to get a date, after 6 weeks I called the bailiffs office at my local court and a lady said to me they didnt have a bailiff at that court and were relying on another court for a bailiff. she then said that they were looking at them on a first come first serve basis and that somehow mine had just been lost somewhere in the pile.

anyway it was then looked at and some days later I got a date that was 8 weeks away, for eviction.

This was because the bailiffs in kingston somehow had a backlog of cases and also having to deal with cases from my own court.

 

basically what I gather is the bailiff will give an appointment based on their workload.

They will normally give more than 7 days.

I am afraid there is no hard or fast rule, its just wait and see.

 

although in the current climate I am sure you will get at least 3 weeks. bailiffs seem to be busy. also depends on where you are, some are busier than others.

 

I hope you wont be getting an eviction date tho, I hope things will work out the way you want them to.

Good Luck

Edited April 13, 2009 by vickson

[Smarterchick]

Thanks Vickson, I'm hoping to win both my claims and I won't get any evictions at all...I just want to be prepared. If you know the procedure, you can prepare for it.

 

I'd be very interest though if anyone can remember that case that allowed the resident to sell the house themselves.

[mystical1]

Hi there.

 

The procedure you've said is correct - once the order has been given by the Judge, the lender has to apply for the warrant, which is passed to a bailiff to fix the appointment. It does depend on area and how busy they are - note that the eviction date from the bailiff should be hand delivered to your home. You are entitled to appeal against any warrant, this may buy you some more time if you get a sympathetic Judge.

 

Good luck.

[vickson]

Hi Mystical

Should the order be hand delivered, I must note that I have never had mine hand delivered, I always come home after work and find the postman has delivered them because they have an actuall stamp from Royal Mail.

 

Smarterchick.

 

You can apply to sell the property yourself under the Law and Property Act 1925. try and google the case of Cheltenham & Gloucester vs Krausz

Edited April 14, 2009 by vickson

[mystical1]

Hi Vickson.

 

The order itself from the Court will come through the post, but the actual eviction date should be hand delivered by the bailiff directly to the property. This is to ensure the defendant is aware of the eviction date from the court not purely reliant on the Claimant, and also gives the bailiff the opportunity to check out the property - whether the defendant has already left, possible aggressive dogs at the property etc. To be honest, the majority of my knowledge lies in Social Housing as this is my line of work, but the Court procedure for warrant of possession is the same across the board.

 

The time scale for the eviction date also depends on the order given, ie, possession in 28 days means the Claimant can't even apply for the warrant until after the 28 days. I'd say you're looking at 2-6 weeks for an eviciton date.

[nuke em]

on of of my repossessions, the lender took nearly a year from being granted possesssion to the actual warrant of execution ( ie the bailiffs)

[Smarterchick]

on of of my repossessions, the lender took nearly a year from being granted possesssion to the actual warrant of execution ( ie the bailiffs)

 

'One of your repossessions'?, geez have you gone through it more than once? That must test even the strongest - my commisserations.

 

If it even happens once to me my marriage will be dead I reckon...

Anyway, thanks for adding to this, it all helps, but were there any particular reasons for this delay that you know of?

 

SC

[vickson]

Lol Smarterchick,

I think you will find there are a few of us that have had eviction notices more than once.

Nuke em on the other hand had a few properties on buy to let.

[Smarterchick]

Lol Smarterchick,

I think you will find there are a few of us that have had eviction notices more than once.

Nuke em on the other hand had a few properties on buy to let.

 

 

My ones a straight forward repo cos I didn't pay...they've tried lots of times before, but I've always salvaged the situation. This time I've turned it back on them and put in a counterclaim, just to spice things up of course....

[Rachie1973]

Our repossession order was delivered a year ago today (15th April my wedding anni lol) with possession date 7th May.