Suspending A Warrant of Possession *on* Eviction date?

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    Suspending A Warrant of Possession *on* Eviction date?

    Hi All,

    I've had some nightmare tenants and I think I'm finally nearing the end of the process in evicting them - and this forum has been a lot of help during that process, so thanks a lot! I won't go into too much background because I don't think it's relevant to the specifics of my question, which is essentially this: What happens if your hearing to suspend a warrant of possession occurs at the exact same time as the baliffs appointed time to repossess the property?

    The warrant of possession was provided by the court on the 16th January and an eviction date set for 10am on February 18th (tomorrow at the time of writing this). This morning I hear from my solicitor that the tenant has put in a last-minute request for a hearing to suspend the warrant of possession (as is their right) and this has been set for... 10am on February 18th. Having done a lot of research on here and elsewhere, my belief is that they're very unlikely to be granted this suspension. Needless to say, if they are granted it then that's a whole other road we will have to explore. But if they aren't granted it... what happens? I have, after all, waited for this baliff's appointed time and date, yet by the time the judgment is made, it's likely to be some time - albeit only an hour or so, perhaps - beyond the appointed time.

    I find it hard to believe that a bailiff will just sit around and wait to find out the result, but on the other hand this seems like a no-brainer way for a sticky tenant to extend their stay by potentially over a month if I end up at the back of the queue again. Will I have to wait another 4-6 weeks for a new appointment?

    Thanks for any advice you can give!

    Edit: I understand that the actual eviction notice given to the tenants states "from 8am onwards" - but practically speaking, if a bailiff has had to go off to their next job, whilst the right to evict them may exist, can it be executed on that day?

    #2
    Ask bailiff how much they will charge per hour for waiting. Remember the bailiff fee is charged to the tenant.

    Comment


      #3
      This is yet another example of legal-system malfunction. Surely if T wants to have a hearing they should also have to say why they want it. Most of them should be possible to easily eliminate based on the paperwork.

      But hey ho -- it all adds to the cost decent non "nightmare" tenants have to pay. They are the ones who should be in revolt.

      Can you not just ask the bailiff if you can be given the last slot of the day?

      Comment


        #4
        Tenant is absolutely entitled to seek PO overturned: Just as you are absolutely entitled to attempt eviction by s21 or s8.

        I trust you've given no reference or only a full, honest one.
        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
          Are there any other examples within the legal system where an individual gets an actual court hearing based on no prior information or grounds whatsoever, and without any scrutiny. If I apply to have an FTT judgement overturned (as is also my right) there would be no possibility of a hearing if I submitted a sheet of paper to say "I would like to be heard".

          Comment


            #6
            Originally posted by AndrewDod View Post
            This is yet another example of legal-system malfunction. Surely if T wants to have a hearing they should also have to say why they want it. Most of them should be possible to easily eliminate based on the paperwork."
            I have a copy of their submission - it effectively boils down to an appeal on health grounds. It's up to the judge to determine if this amounts to 'exceptional hardship' - that shouldn't be some court house staff member's decision, so I have no problem with the actual process - I'm just confused over literally what happens given the clash of dates and times .

            Can you not just ask the bailiff if you can be given the last slot of the day?
            I think this is probably a good idea, yup. Thanks!

            Comment


              #7
              Originally posted by theartfullodger View Post
              Tenant is absolutely entitled to seek PO overturned: Just as you are absolutely entitled to attempt eviction by s21 or s8.

              I trust you've given no reference or only a full, honest one.
              I honestly have no idea what you're refering to. Your first line makes it sound like I was contenting their right to have it overturned? I thought I made it quite clear that I recognise that right?

              I'm not sure what your second line means, also. Sorry.

              Comment


                #8
                Originally posted by AndrewDod View Post
                Are there any other examples within the legal system where an individual gets an actual court hearing based on no prior information or grounds whatsoever, and without any scrutiny. If I apply to have an FTT judgement overturned (as is also my right) there would be no possibility of a hearing if I submitted a sheet of paper to say "I would like to be heard".
                The only grounds for delaying possession are exceptional hardship or the generally available "defences", human rights violation, discrimination or a public law defence (if the landlord is a public body).

                But you do have to tell the court why you want a delay and what evidence you will be relying on.
                You could just ask to be heard, and the court system is meant to be flexible when people are in crisis, but there would be a lot of blank spaces on the form.
                https://www.gov.uk/government/public...ication-notice
                Last edited by jpkeates; 17-02-2020, 17:46 PM. Reason: Quote added for context
                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


                  #9
                  Originally posted by Elphaba View Post
                  The warrant of possession was provided by the court on the 16th January and an eviction date set for 10am on February 18th
                  When was the order for possession made? If it's been six weeks already, then the tenant's application will be rejected in about 2 minutes flat since the maximum six weeks under exceptional hardship runs from the date of the order for possesion, not the date of this application for suspension.
                  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.

                  Comment


                    #10
                    Originally posted by KTC View Post

                    When was the order for possession made? If it's been six weeks already, then the tenant's application will be rejected in about 2 minutes flat since the maximum six weeks under exceptional hardship runs from the date of the order for possesion, not the date of this application for suspension.
                    I've actually just heard heard back from the solicitor who has said exactly this - the 6 weeks since the possession order actually expired at the end of January, because the tenants were granted 28 days to leave from the date of the possession order. When they failed to do so, I then had to apply for the warrant, then the bailiff etc, so the 6 weeks has actually long since past.

                    Now, that *does* seem like the sort of thing that doesn't require a judge, doesn't require a court hearing and doesn't require messing up the bailiff appointment. Oh well - as soon as the bailiff office opens in the morning I'll give them a ring and ask if they'll hold fire for an hour or so, since it's basically clear cut unless it turns out I've accidentally broken the Geneva Convention with them or something.

                    Comment


                      #11
                      Does anybody know whether the bailiffs are likely to have been cancelled purely on the basis of the court appeal being scheduled? Wouldn't the court have notified me if the bailiff appointment had been cancelled? Can anybody advise?

                      Comment


                        #12
                        Well, as an update, the bailiff's appointment *was* automatically suspended, the hearing *did* occur at 10am and the judge *did* throw it out after offering me an opportunity to let them stay for a laugh, basically. With that done, I had to phone the bailiff's office (which is open at 8am - 9am every day, in the court house) and after a bit of a wait got through to someone who said they'd contact the court, confirm the result and get back to me. By 11am I'd received a call saying the bailiff would be at the property before midday. As it was they were about ten minutes later but all in all, a remarkably smooth process! By 1pm they were gone, the locks were changed and I have a house full of old **** to store. Wahoo.

                        Comment


                          #13
                          All in all a great use of court time and a good system for keeping rents as high as possible. Well done to all.

                          Comment


                            #14
                            Originally posted by Elphaba View Post
                            Well, as an update
                            Thanks for the update
                            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.

                            Comment


                              #15
                              Great news, glad to hear it

                              Comment

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