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Landlords suffer as Court backlog results in delays in issuing possession orders

Evidence coming through from some courts in the Eastern region is that cases are taking longer to handle and the paperwork is taking weeks to be sent out after judgement is given.

I was in court on 4th January 2011 for a Section 8 Possession hearing. After listening to the feeble excuses being given by the Tenant’s representatives, the Judge made a possession order for 21 days. Which means the tenant should hand over possession on or before 25th January 2011.

Usually, both parties should receive copies of the Court order within 7 days of the hearing, but as I write this, said court order has still not left the court office. I have telephoned every week, and been promised a call back, which has never happened.

During one of the calls, I was told that the court office had a backlog of nearly 25 days, and that staff would be working the weekend to try and catch up. I’ve called again today, and was told that it is now showing on the system, which means it will be typed up today, possibly get sent out today, and I should get it tomorrow.

How on earth is justice being served when it takes 21 days to type up a judgement that is only a few sentences?? This is an utter disgrace, and a predicted effect of the court closure plans by this Coalition government.

The same court took nearly 2 weeks to get a Section 21 request for possession form to the Judge for a possession order. Even that has not been sent out either, even though the possession date is 1st February 2011. It was bad enough before the court restructuring, now its even worse.

A tenant that does not have a court order in his/her hands is highly unlikely to leave now are they? There is no court order to show to the Housing department at the Council, and if they did leave, would not be rehoused by the Council as the tenant would have been considered to have made themselves intentionally homeless.

So I am going to have to now get the bailiffs in, as these thieving no-hopers are refusing to leave.  They’ve even dared me to come get the keys off them. I’ll let the bailiff do that for me. I can only hope that it won’t take several weeks to get one out if they are so far behind with their case load!!

So, firstly, a landlord gets ripped off by badly behaved tenants who think its their right not to pay rent because they reckon the landlord is rich and can afford it, or because they can’t be bothered or whatever other irresponsible reasons come to their heads, and then the justice system adds insult to injury by delaying the process of getting the property back.

But then again, its not surprising is it, that when it comes to justice, landlords are at the bottom of the heap, when even government ministers are blaming private landlords for the rise in the housing benefit bill for the country.

Where will it all end, I wonder! Why do I even bother!!

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    Posted in Court and Justice, Landlords obligations, Tenant Behaviour, Tenant Eviction.

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    One Response

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    1. Sue @Evictions South East says

      It would be funny if it wasnt so serious. Private landlords are expected to foot the bill of non paying tenants, some people even say its there own fault for being a landlord in the first place and they should expect it. It is crazy, being a landlord is at best a business, as worst it is a forced situation because the property couldnt be sold. Great blog by the way

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