Last year, December 2013, I was granted an Order for Possession (suspended) following a mutually agreed payment plan with my tenant immediately prior to the court hearing following the issue of a section 8 notice for rent arrears of around £1600.
Still sitting at the hearing, the Judge made an 'Order for Possession' (suspended) on condition that the tenant would pay the rent in full plus £150 for rent arrears each month. The tenant’s mother would pay the £150 each month. The tenant kept to this arrangement for several months reducing her arrears to £250. Without warning the tenant stopped paying her rent but her mother still paid £150 arrears. This was due to a change in tenant’s circumstances and her arrears started to increase again. Following a letter I had received from HB I was going to receive backdated rent to July 14 but three weeks on and I had no payment. I contacted HB to be told that payment would not be paid as the tenant had not provided correct information and her claim had expired. Meanwhile her mother has stopped paying the £150.
I’d had enough so wanted the tenant out so I sent an application to the court to have the Order for Possession, enforced on the grounds of default of the order. I had read that a further hearing is not necessary and the court had to deal with this within 14 days and it won’t take long as the 'Order for Possession' had already been granted at last year’s hearing and it’s just a matter of re-enforcing it, (removing the suspension).
I have just received a Notice of hearing, following my application, from the court and I am shocked that, (i), a hearing is required and (ii) that the date is so far away, 13th February 2015!!! This means that the tenant gets another 3 months free rent to the hearing date plus what ever notice the court gives following the outcome of the hearing.
It wouldn't take this long if I was submitting a section 8 from scratch.
My original application was submitted on 1st Nov 2013, hearing on 2nd Dec 2013 and possession granted for the 30th Dec 2013, that’s just short of 2 months. This now is taking from my application 11th Nov 2014 to 13th Feb 2015 and that is only to the court hearing, three months!! Surely this can't be correct!!
I can’t see the point of suspended when it takes longer than submitting from scratch. (Shot myself in the foot, I won’t do this again)
Why is this taking longer second time round to enforce the order when the court has already granted a Order for Possession albeit suspended?
Can I appeal?
Is there any alternative action I can take to speed up the eviction?
I've seen the “Can’t pay won’t pay so well take it away” TV program with enforcement officers via the High Court. This seems to be a quicker more powerful and better way than using section 8 notices but can I switch to the High Court instead of using the County Court as I have already started in the CC system?
Can I cancel the CC and use the High Court enforcement officer’s or is there any other quicker route?
Any advice welcome.
Kevin
