How long does it take to get bailiffs to evict tenants in the UK? A landlord with a warrant for possession can instruct bailiffs to proceed with an eviction. English law requires bailiffs to give tenants at least 14 days’ notice of the intended eviction date.
Before bailiffs are involved in the eviction process via a warrant for possession, landlords must first issue a Section 21 or Section 8 Housing Act notice.
If the tenant does not leave the property by the date on the eviction notice, the landlord must apply to the court for a standard possession order.
- Step 1: Landlord issues eviction notice.
- Step 2: Landlord applies for a standard possession order.
- Step 3: Landlord applies for a warrant for possession.
- Step 4: A county court bailiff or High Court Enforcement Officer enforces the warrant for possession.
According to the housing charity Shelter, the eviction process is likely to take around 6 months from when the tenant receives the initial eviction notice to when the bailiff eviction takes place.
How Long Does It Take To Get Bailiffs To Evict Tenants Under Section 21?
Because the tenancy agreement hasn’t been breached, a Section 21 notice is also called a no-fault notice.
A Section 21 notice is issued at the end of an assured shorthold tenancy when the landlord does not intend to renew the rental contract or continue with a periodic tenancy. A Section 21 notice must give tenants at least 2 months’ notice to leave the property.
If the tenant hasn’t moved out by the date on the Section 21 notice, the landlord can apply to the court for a standard possession order.
The court can take several weeks to several months to issue the possession order depending on how busy the court is and whether a hearing is needed. The government has set a target for possession order claims to be heard within 8 weeks.
Tenants have the right to submit a defense to the court explaining why a possession order should not be granted. Tenants can also submit a counterclaim, or in the event of extreme hardship ask for more time to move out.
If a possession order is issued and the tenant fails to move out by the specified date, the landlord needs to apply for a warrant of possession to allow a bailiff eviction to take place.
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How Long Is A Section 8 Notice?
A Section 8 notice is used when a tenant has breached their tenancy agreement or has an assured tenancy. The notice period required under Section 8 is between 2 weeks and 2 months. The exact notice period depends on the nature of the lease violation.
If the tenant hasn’t left the property by the end of the notice period, landlords can apply for a standard possession order.
What Happens When Bailiffs Come To Evict You?
Your eviction notice must be issued on form N54. The notice must include everyone named on the warrant of possession order and “any other occupiers”.
Bailiffs will arrive to evict you on the date and time specified in the eviction notice. County court bailiffs carry out evictions between 9 am and 5 pm. High Court Enforcement Officers are authorised to carry out evictions between 6 am and 9 pm.
It’s your right to ask bailiffs to provide identification on arrival and they must show their ID when you ask to see it. Confirm the ID on the government database by entering the ID number on https://certificatedbailiffs.justice.gov.uk/.
Only court-appointed bailiffs can carry out evictions. Anyone else attempting to evict you is carrying out an illegal eviction. You should call for police assistance.
The bailiffs will ask you to leave the property and hand over the keys. A locksmith may be present to change the locks to stop you from reentering the property.
You should be treated politely. Bailiffs are not allowed to use violence or offensive language, and they aren’t allowed to damage your property. Bailiffs can’t use physical force to remove you although they can force entry into the property if necessary.
Baillifs may give you a short time to finish moving your belongings but they don’t have to. You should try to make sure you’ve removed your possessions before they arrive.
Unless the bailiffs have a court order allowing them to seize your property to cover costs or rent arrears, they cannot take any of your belongings. If bailiffs start seizing your possessions ask to see the court order.
Possessions Left Behind
If you aren’t able to remove all of your belongings before the bailiffs order you to leave, you’ll need to arrange for their collection with your landlord.
Your landlord must secure your belongings for a reasonable period and allow you to collect them. If you don’t collect your belongings you could be charged storage or disposal fees.
It’s in your best interest to remove your possessions before the eviction date because bailiffs don’t have to give you any time to finish moving out and recovering any items that go missing will be difficult.
Baillifs Can Call the Police
Bailiffs can call the police for assistance if you refuse to leave the property, make threats, or use violence.
The police may arrest you for a breach of the peace if you don’t comply with the bailiffs.
Avoiding Homelessness
Find out if you qualify for help from your local council as soon as you receive the first eviction notice from your landlord. This gives the council plenty of time to arrange emergency accommodation for you so you aren’t faced with homelessness.
Alternatively, find a housing advisor by searching on the government website at https://find-legal-advice.justice.gov.uk/. Enter your postcode, then tick the box alongside Housing Loss Prevention Advice Service.
Read Also: Kicking Someone out of your House who is not on the Lease
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.