Possession order from courts

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    Possession order from courts

    I have a possession order from the courts stating that the tenant must be out by 2nd March. The tenant has taken this to the council and today they have said its not enough and they wont house her. They want a 'Possession Warrant' - anyone know whats this means? and should I just instruct bailiffs on monday?
    Many thanks

    (the tenant wants out btw, and wants a council house)

    #2
    It would appear that despite standing advice given to councils by the government to the contrary, this council is determined to take it to the brink. The possession warrant probably referrs to the letter your tenant will receive from the county court bailiff advising her on which day and at which time she will be evicted. Thus you will need to instruct the bailiffs on Monday and grease their palms with a further non returnable £95.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      You may also wish to bear the below in mind.


      Homeless legislation states that local authorities have a duty to house certain categories of people. Local authorities are provided with guidance about coming to a decision of eligibility for re-housing homeless people. In particular, they should have regard to section 9.29 of the Code of Guidance on Parts VI and VII of the Housing Act 1996, which states: "A local authority should not require tenants to fight a possession action where the landlord has a certain prospect of success, such as an action for recovery of property which is let on an assured shorthold tenancy where the fixed term of the tenancy has ended." If, as it appears to be in this case, the local authority disregards this guidance, the landlord can refer the matter to the Local Government Ombudsman, claiming the landlord's costs of having to pursue a possession action.

      Comment


        #4
        Somebody with a lot of money wants to take out a test case against a local authority that advises or requires a tenant to break the court order giving possession.

        In my book, that is contempt of court. The court says you must give up possession on x date and you don't, that is disobeying a court order with the council causing or permitting the continuance of disobedience - wilful refusal to obey a court order is contempt of court is it not?

        Comment


          #5
          Originally posted by davidjohnbutton View Post
          Somebody with a lot of money wants to take out a test case against a local authority that advises or requires a tenant to break the court order giving possession.
          What would it take - just a small claim against the local authority for £95? Or doesn't that have enough clout? And no I'm not volunteering...

          Comment


            #6
            I'll throw a fiver into the hat..
            If a few of us chip in a small amount like this, could we not go for a test case?

            Comment

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