Please help after Possession Order & Money granted-Tenat refusing to move out

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    Please help after Possession Order & Money granted-Tenat refusing to move out

    I was awarded an 14day outright possession order, money judgement.
    I didn't receive the paperwork until last week Thursday.

    Tenant is refusing to move out claiming she did not receive the court order.
    Kindly assist me

    I have filled from 293 to get sealed in court myself so I can get this sent off to HCEOs so they can evict her quickly as I hear county court balliffs are not quick enough.

    I want to register a CCJ against her
    I want my property back.

    Please what is the quickest route and paperwork I need,
    owes over 6000pounds. I am loosing my mind.

    I need to get her out in the next 14days
    I can afford any more debt.

    #2
    The tenant is entitled to stay until bailiffs remove them.
    You will be very lucky to get them out in a fortnight, even with HCEO bailiffs (they're often not that much faster than county court bailiffs).

    The money judgement won't be registered automatically and will only be registered if you either escalate the matter in the county court.

    First get possession and then focus on trying to recover the money.
    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
      The use of HCEO to evict tenants is only a discretionary order and Judges can turn down such request...
      Thunderbirds are go

      Comment


        #4
        Unlikely gone in 14 days - suggest you plan for longer.

        As said tenant has absolute right to remain until Bailiffs/HCEO evict. And can appeal the case - or get it chucked out - at least until Bailiffs walk up front path.

        Sorry, one of the expected risks of being a Landlord
        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


          #5
          Thank you all for tour response.
          I have got the form for HCEO but need to find the correct one for the county court balliffs

          Comment


            #6
            You will need Court's permission to use HCEOs.

            Comment


              #7
              Okay.

              HCEOs

              I have got the form 293A -combined certificate of judgement and request for writ of control or writ of possession.

              Am I right to assume
              I complete part 1

              Court seals part 2- my local county court

              Then I send the completed 293A form off with the writ of control form ( What address do I send this to? the High court in strand?)
              Please advise

              Also for the county court balliffs- Do I need to complete a specific form? I cant find any advise on this. Any one who has experience please help me.

              Comment


                #8
                theartfullodger,

                Thank you for that.

                Comment


                  #9
                  45002,

                  okay, that is tough. Thank you

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    The tenant is entitled to stay until bailiffs remove them.
                    You will be very lucky to get them out in a fortnight, even with HCEO bailiffs (they're often not that much faster than county court bailiffs).
                    Thank you very much. Grateful for your assistance

                    The money judgement won't be registered automatically and will only be registered if you either escalate the matter in the county court.
                    Since its over £5,000 is it wise to request for a warrant of control still.
                    Or is there another way of doing this. Thank you.


                    First get possession and then focus on trying to recover the money.
                    .Thank you

                    Comment


                      #11
                      Current status
                      tenant told me yesterday she was not leaving 10/2/20 so I didn’t bother to go to the property as I didn’t want a legal case on my hands
                      i submitted the ballif form today 11/2/20

                      Right now-
                      I received the message below from the council



                      I understand that XX is being evicted today could you provide figure of outstanding rent please with court charges.

                      You stated in our last communications on 18/11/2019 that rent had not been paid did you receive no further rent to date.


                      Is this a good sign? Or they are still messing me about👀


                      Comment


                        #12
                        Originally posted by hadiolar View Post
                        Is this a good sign? Or they are still messing me about👀
                        It's probably the council trying to establish if the tenant's notice was really due to their not paying rent and which would remove the council's duty to give them emergency housing as they've made themselves deliberately homeless.

                        Tell them that she's not being evicted until bailiffs are available and confirm the rent owed.
                        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


                          #13
                          Copy S8 to council so this cheat gets as little advice and/or rehousing as possible. No reference or a full, honest onr
                          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


                            #14
                            jpkeates,

                            Okay. Thank you.

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              Copy S8 to council so this cheat gets as little advice and/or rehousing as possible. No reference or a full, honest onr
                              Council has a copy of s8 and they also sent me a questionnaire to fill back in November which I completed. They asked about rent statement and I sent it etc showing where she defaulted.

                              below are the council questions and responses from me

                              1. Question-When did the tenancy commence and was a deposit paid?

                              Answer- Tenancy commenced on the 18th of May 2017 and a deposit was paid.

                              2. Question- what type of tenancy was granted to the tenant?

                              Answer- Assured Shorthold Tenancy agreement.

                              3. Question-What is the rental charge and how frequently is it payable?

                              Answer- Rental charge £1100 and meant to be paid monthly.

                              4. Question- How was the charge being paid? (cash/cheques, standing order, etc)

                              Answer- Rent paid by bank transfer

                              5. Question-Are there any rent arrears? (if so, please provide details)

                              Answer-As at 18/11/2019, tenant is in arrears of £3600

                              6. Question - Was there any breach of the tenancy conditions? (if so, please provide details)

                              Yes, the tenant has breached the conditions of the tenancy. She has not paid her rent on time as agreed for the 18th of every month, she has not paid in full on a number of occasionsas stipulated in the tenancy agreement and has finally stopped paying her rent.

                              7. Question- Why was the notice served?

                              Answer- The notice was served due to non-payment of rent for two months (September and October 2019) and balances on rent in July and August 2019.



                              8. Question- Please could you provide an up to date rent book/ statement?

                              Answer-Rent statement for last twelve months attached (December 2018- November 2019).

                              9. Question- is there anything the tenant can do to prevent this eviction from going ahead?

                              Answer- Yes, if tenant clears the outstanding arrears and pays the rent on time and regularly.

                              Comment

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