I’m hoping someone can give me clarity because I’m stuck in a very frustrating situation.
I received a County Court Possession Order on 12 June. However, the Court Clerk accidentally missed off the request to transfer enforcement to the High Court. My solicitors have already asked the court to amend the order, but it has now been almost 5 weeks and I still haven’t received the amended order.
I’ve been told this mistake is “common”, but is it really common? And realistically, how long does it take for the court to amend a possession order so I can finally apply for High Court bailiffs?
Meanwhile, the tenant is still living in the property rent free for months, which is extremely stressful.
The original tenant has sublet the property to other people without my permission. These sub-tenants:
refuse any negotiation
are not paying rent
may also be misleading utility companies (gas/electric)
are ignoring all communication
The council refuses to help and keeps saying the legal route is the only option which I’m already taking but I’m stuck waiting for the amended possession order.
My questions:
Is it normal for the court to take this long to amend a possession order?
Is there anything I can do to speed this up?
Is there anything else I can do about the illegal subletting while waiting?
Can I report the sub-tenants to utility companies or any authority?
Is there any other legal step I can take while the amendment is pending?
At this point I feel completely stuck and the tenants are living for free with no consequences. Any advice or experience would be appreciated.
Did the judge agree to the escalation to the High Court? If not, the Clerk would need to put the request before a judge and it would take some time and the judge may refuse. If the judge did originally agree, the Clerk may not have realised that and gone through that same process anyway.
The courts are a mess. Under-funded, inefficient and prone to frequent errors.
Have you tried calling the court to get an answer?
Arrange an inspection visit (give 24h notice) visit take photos find out how many people living there their names and nationalities (or if they refuse to give).
If you find evidence of or suspect illegal activity take photos and call the police.
Call the council and tell them you are concerned about the conditions and get them to send an enforcement officer round. If they suspect illegals they can call Home Office who can come by and detain people who dont have a right to be in the uk
Utility companies wont disconnect anyone without good reason so if they choose to supply without taking regular payments that’s their choice and not your problem. You can inform them but it’s unlikely they will do anything
Tell your building insurance (and landlord insurance if you have) about the situation otherwise you may not be covered if there is any damage.
Thanks for your response. I can confirm that no decision was made by the judge to
escalate the matter to the High Court. The information I’ve received from the
Legal for Landlords team is that the Court Clerk accidentally omitted the
request to transfer enforcement to the High Court.
At present, the court has already issued the possession order, giving the tenant
14 days from 12 June. I attended the hearing with the solicitor, and we
obtained clear confirmation of this through the possession order itself.
I’ve contacted both the claims team and the legal team, as they are handling the
case, but the answers I’ve received so far have not been as clear or decisive
as expected. As you mentioned, the system is extremely slow and prone to
errors, which appears to be causing further delays.
The Legal for Landlords team are currently chasing the court to correct and amend
the order. Until this is resolved, there is unfortunately nothing further I can
escalate on my side, as no one seems willing to take responsibility for the
mistake or acknowledge the impact it is having.
This situation is causing significant mental pressure and worry, especially with
people still living in the property, the risk of potential damage, and ongoing
non‑payment of rent. I would appreciate if would know what I can do further and
take my property back.
Thanks for your response. The issue I’m facing is that the individuals currently in
the property are not the main tenant. Any post or correspondence sent to the
address is either destroyed, hidden, or refused which I’ve confirmed through
the Renters’ Rights Act process. When I sent documents by recorded delivery,
they refused to accept them. The main tenant has essentially disappeared, is
not traceable, does not answer calls, and does not respond to emails.
The two females he has sublet the property to have been extremely difficult to deal
with. The last time I attended the property, they shut the door in my face and
became very vocal, creating a scene to avoid any communication. I have reported
this to the council, but their response was simply that they cannot intervene
and that everything must go through the legal process — which I am already
following.
This situation is causing significant stress and worry, especially with unauthorised
occupants in the property, the risk of damage, and no rent being paid. I feel
completely stuck, as the Legal for Landlords team are still chasing the court
to correct and amend the order, and until that is done, I cannot escalate
anything further. No one seems willing to take responsibility for the mistake,
and meanwhile the pressure continues to build.
Any guidance or support you can offer to help move this forward would be greatly
appreciated.
Check the tenancy agreement. If it is the standard Openrent APT or previous AST that also allows notices to be served by email not just the address so send by email too. Keep a record of the email sent as well as the posted version and also hand deliver and video putting a copy of notices through the door. Recorded delivery/signed for is not recommended
Arrange an inspection visit with 24h notice, let yourself in (say you think you smell gas) and leave a copy of the notice in a prominent place. The tenants or subtenants cannot legally refuse you entry. Arrange multiple visits at different times of day and days of the week till you get in.
Contact the Home Office and report the subtenants as suspected illegal immigrants and ask the Home Office if they can remove them.
Get legal advice but if the main tenant has left and is no longer living there and has left no belongings there, they may have ended the tenancy, the subtenants will be trespassing. Even then you still have to remove them legally
While many things in this situation are not your fault, increased pressure, worry etc are things you can control. I would seriously consider giving yourself a complete break from this property until you hear from the courts. Do something completely different and rewarding (holiday, weekend away, special time with family, nice meal out, a hike) - whatever you can to switch your mind off this.
Your T has let these people into your property. Don’t also give them keys to your mind.
they might not be which is why ive suggested OP gets their names if possible; but if they refuse to provide these or any evidence of a right to rent, it’s perfectly reasonable to involve Home Office and if they dont have a right to be in the uk they may then either get detained or may scarper..
If the judge did not approve transfer to the high court during the hearing, then my understanding is that its more than just an administrative process. I think they have to go back to the judge to approve the request, which takes more time and is frequently rejected. You may end up not saving much time over waiting for county court bailiffs.
You have your Possession Order from the county court, you submit an application for a Warrant of Execution, also through the county court, and the arrangements are made from there.
High court is much faster therefore cheaper as less rent lost if tenant not paying during the process (tho some cost to transfer to high court to start with). Details below. Same article indicates HCEO recommended where "reasonable force " likely to be needed for enforcement
Best
"Nationwide, the average eviction waiting time through the County Court system is six months. This is on top of the often long delay to get the order for possession in the first place.
In London, once the order for possession is granted, the average CCB delays are eight months and, in many cases, over a year before the eviction takes place"
“When using the High Court route, landlords state an average waiting time of three months nationally and two months in London. This includes the time taken to obtain the writ and service notice. It may also include the time to obtain leave to transfer”
"Resulting rent loss to landlords
The average rent loss before the landlord is able to gain possession is £12,708 nationally and £19,223 in London.
Using the average rental figures and delays in London, the HCEOA calculates that landlords could reduce their losses by over £12,000 by switching to High Court enforcement."
That is exactly the information I received from the LegalforLandlords team, as they are the ones dealing with the case. This is why I mentioned that the matter has gone to court.
Their update was:
“We attempted to make the bailiff application, but the Court missed off the request to transfer the case to High Court from the order. Our solicitors have requested for the order to be
amended, and we will make the bailiff application once the amended order is
received.”