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Overseas Landlords

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THE REPOSSESSION TIME SCALES
Everyone is keen to see their claim settled as quickly as possible. However, in the real world adequate time must be allowed for the process to proceed.

It is essential that the Landlord serves a Notice to Quit on the tenant at least two months prior to the expiration of the rental term. The Landlord should then contact the tenant 7 days prior to the vacating date for the purpose of confirming vacation - to commence a new agreement with the tenant. If the tenant is required to vacate the Landlord should ensure that arrangements are made for a final inventory and condition check to be made.

As soon as your submit form is received by ourselves it will be assessed and we will respond within 24 hours with any queries and a request for payment of the court and administration fees. Payment can be made by electronic bank transfer, credit/debit card or cheque. Obviously, electronic transfer is the most expeditious method.

As soon as funds are confirmed "cleared" proceedings will be filed at the appropriate court - this takes a maximum of 48 hours (working days only of course). The court will confirm issue and service of the claim is deemed as being on the 5th day after issue (whether or not that is a business day). The tenant must then either defend the action or vacate.

Important. If the appropriate procedures have been followed by the Landlord, Accelerated Possession can be requested. In reality the only defence that the tenant has in these circumstances is that of "exceptional hardship". This means that an immediate Warrant can be obtained and the tenant evicted by the Court Bailiffs.

The Court Bailiffs normally "visit" the Defendant within 48 hours and give notice that they will be back - usually a day or so later. If the tenant is still there the bailiffs will remove them.

The Small Claims Court (Debt Recovery) Time Scales
Initial claim correspondence must be forwarded to the Defendant to enable them to make a cogent response. 7 to 14 days should be allowed for this. Further, detailed correspondence can take another 2 -3 weeks and then litigation can commence. This applies whether the Small Claims Track is used or whether the matter goes to court via a legal firm.

When proceedings are issued the Defendant has 14 days from the date of service to respond. The date of service is determined by the court and is usually 3 days after the claim is forwarded to the Defendant by first class post. The Defendant has the opportunity during the 14 days to either:
  1. Admit the claim in full
  2. Admit part of the claim
  3. Dispute/defend the claim.
In the event of 1. and 2. above the method and timing of payment must be agreed. This can be as short as a few days or installments may need to be agreed and payment could then take several weeks.

In the event of 2. above the Defendant must file an Acknowledgment of Service within the 14 days but then has a further 28 days to file a full Defence. At this stage the procedure can become protracted as the judge will forward Allocation Questionnaires to both sides which must be completed and returned within 14 - 21 days. The court will then set a hearing date which could be a further 1 to 4 months ahead. If the claim is successful the judge will set a date whereby the Defendant must pay the claim and any interest and costs. This can vary between 7 and 28 days or payment by installments could be ordered.

If the Defendant fails to respond to the Claim Form within the 14 days Judgment in Default can be applied for. This takes about 7 days.

Further information about the Small Claims Court is available at: http://www.small-claims-court-support.co.uk

After Judgment (Debt Recovery)
Many Defendants prefer to pay of judgments as quickly as possible but if they default it may be necessary to apply to the court for enforcement proceedings. These can involve the court bailiff or a number of other options such as a Third Party Debt Order (previously a Garnishee Order). It is not possible to fix time scales for enforcement as it depends on the option taken, the Defendant's circumstances and time scales within individual courts.


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