Possession Order contacting Tenant

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    Possession Order contacting Tenant

    Hi
    Ive recently been given the date my tenant has to leave the property from the courts. Can i now contact the tenant asking what their plans are to move out or should I wait until the date passes then see if they have left
    thanks

    #2
    Originally posted by DDlandlord View Post
    Hi
    Ive recently been given the date my tenant has to leave the property from the courts....
    Really? The date & time bailiffs are turning up or is it, perhaps, just the PO and an expiry date??/
    .....Can i now contact the tenant asking what their plans are to move out or should I wait until the date passes then see if they have left
    thanks
    Think that means it is just PO expiry date.

    By all means contact tenant: You may p*ss them off and get heels dug in further...

    My view: S21 or s8: Many leave by expiry date.... Of those that don't....

    PO: Many leave by expiry date... Of those that don't...

    Bailiffs: Most leave by bailiff date/time.

    You'll appreciate tenant can apply to court up to time bailiffs walk up path to have case suspended or thrown out.

    Me. I'd simply write with notice of inspection the morning after PO expiry & see what I find: Ideally with a witness.

    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Yes it’s just the PO expiry date the tenant didn’t file a defence first time round so hopefully they’ll leave on date or it’ll be time for the bailiffs thanks for your response

      Comment


        #4
        I would try and make contact with the tenant, letter, email so you have evidence of the information you have provided. Letting them know the date of when they should leave the property as directed by the courts - you may not get any response back.

        The day before expiry, you should again write to the tenant stating you want to inspect the property on the day after the expiry, this will help to see if they have vacated the property or not. As long as you have given them 24 hours notice of the inspection you can go in, once your in - if you notice that things belonging to the tenant are still there or the tenant is there, you should walk back out (to avoid any confrontation).

        The apply for bailiffs to evict them.

        Comment


          #5
          Sorry I’ve just seen this message I did contact him over a period of a few days leading up to the possession date I eventually had contact today and he politely told me to f**k off so I’m now filling in the N325 for for warrant thanks for your help

          Comment


            #6
            He's right. You have an absolute legal right to serve s8 or s21 then evict. Tenant has an absolute legal right to remain until bailiffs turn up, indeed to appeal to court anytime until then to have case chucked out.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              So he can appeal to court even after the possession order was granted?

              Comment


                #8
                Yes. Doesn't happen often. I knew of a case where bailiffs called off 15 minutes before date/time after approach to court & bailiffs.

                The law rightly treats making people potentially homeless with some care and attention. We do have values in Britain.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by DDlandlord View Post
                  So he can appeal to court even after the possession order was granted?
                  The tenant can ask for the date to be extended by up to 28 days in the event of exceptional circumstances. That’s a big test and it would have to be something astonishing.

                  On the other hand it doesn’t cost anything, so it’s quite common.
                  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

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