Tenant can appeal successfully after Possession Order got on mandatory ground 8?

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    Tenant can appeal successfully after Possession Order got on mandatory ground 8?

    Tenant missed over 2 month rent and frequently paid rent late.I served s8, g8,10.11 and court hearing was attended by me only. The tenant never checked his posts.

    Today I've got Possession Order granted with leaving date "forthwith". Tenant texted me saying bla bla (old execuses: no job, illness) and will appeal.

    Does he have a chance to succeed with execuses like no job, illness, don't receive letters ... ?

    I read online that outright possession order on ground 8 can't be cancelled. is this right?

    #2
    If you have been granted the possession order that is it. No right of appeal that I know of. Did you also get a judgement against him for the rent debt and court fee?



    Freedom at the point of zero............

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      #3
      The only realistic appeal is if the court got the law wrong - the facts shouldn't be open to appeal. And that's almost unheard of.

      In theory, anyone can appeal any case, but it's extremely expensive and I can't imagine anyone being prepared to take the case unless there's been some massive miscarriage of justice.

      The tenant has an issue being evicted for not paying their rent, as they can be denied even emergency accommodation if they make themselves deliberately homeless.
      So they will be very keen to stay as long as they can drag things out.

      The tenant can claim extreme hardship and seek to get the possession order extended from (typically) 14 days to a maximum of 42 days.
      Extreme hardship is a significant test, but the claim doesn't cost anything and the tenant doesn't lose anything by trying.

      You'll probably find that bailiffs have longer waiting times than 42 days anyway, so I'd get them organised as soon as you can.
      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


        #4
        Originally posted by jpkeates View Post
        The tenant can claim extreme hardship and seek to get the possession order extended from (typically) 14 days to a maximum of 42 days.
        Assume I apply for bailiff today and they come in 6 weeks, In extreme case, if tenant can postpone the possession date, do I need to apply for balliff again and wait for another 6 weeks after the postponed new possession date?

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          #5
          Originally posted by rvxwLeEIZJ View Post
          Does he have a chance to succeed with execuses like no job, illness, don't receive letters ... ?

          I read online that outright possession order on ground 8 can't be cancelled. is this right?
          No job is unlikely to get any extension. Illness maybe.

          Didn't receive notice / claims etc. is an arguable ground, if they can prove it. Unlikely to succeed, but possible.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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