A stay of eviction??

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    A stay of eviction??

    A tenant of mine stopped paying the rent some months ago; they are now 8 months in arrears. We sent the relevant forms, went to court and the tenant didn’t show up.

    The court issued a possession order for the tenant to leave by 20th Feb on Grounds 8 (which is a mandatory ground; rent arrears.) The tenant didn’t move out.

    We have a date for the bailiffs to remove the tenant on 14th May. However, today (8th May) I have received a phone call from the court saying that the tenant has submitted an N244 form and that I need to attend court on 11th May.

    I have had a look at the N244 the tenant filled and under the question;
    ‘3. What order are you asking the court to make and why?’
    the tenant has written:
    ‘Stay from an eviction’

    Am I right in thinking that the Judge doesn’t have the power to postpone eviction beyond 6 weeks of the date of the possession order if the possession was granted on mandatory grounds?

    The possession order was for 20th Feb, this was 11 weeks ago.

    Thanks so much! I really need help in what to say to the judge in a few days time.

    #2
    In the first instance, the tenant has to show that the delay is necessary to avoid "exceptional hardship".
    That's a very high bar in the first place.
    They're not appealing against the decision - so the judgement isn't at risk.

    But, you're also right.
    Because of the delays in the process, the maximum amount of delay the judge could award has already passed.
    I'm fairly sure that's true of any possession order, not just related to the mandatory ground.

    Your reference is Section 89, Housing Act 1980
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Hi jpkeates, thanks for the reference, it really helps!

      I will go to the court today with a statement and try to stop the court hearing tomorrow - as it's pointless (I believe) it's a delaying tactic of the tenant. He has caused me financial hardship for the past 8 months already!

      Comment

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