Stay of possession claims (likely) to be extended

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    Quick question: I have an court possession order requiring my tenants to leave by 8th December. If they stay, will I be able to apply immediately to the court for a warrant for possession (to be executed in the future when we aren’t under this statutory instrument or the Christmas eviction holiday etc), or will I have to wait until we are no longer under these conditions to apply to court for the warrant? Thanks.

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      I would apply now before 8th Dec so as not to waste time if they dont move out. You need to be ready for after 11th Jan.

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        I have this possession order saying my tenants should move out by 8th December (England). The tenants intercepted my mother in the supermarket yesterday ( I think in order to try and wind her up so that they’d be able to say we’d been harassing them; fortunately my mother did not get wound up and walked away).
        It appears that they have little intention of moving, and there’s no evidence that they will pay the court costs and meanwhile they’ve stopped paying rent so 2 months are currently due.

        What is the best way of going about getting the money that we are owed (rent and court costs)? Is it best to wait until after the bailiffs have evicted them (probably be Easter or later at this rate) and then take it back to court once we know exactly what they owe, or should I be doing something about it in the meantime?

        Also, on a technical point, is the rent due until the day they are removed from the house, or only until an earlier date (eg the expiry of the possession order)?

        If they do not pay the costs awarded by the court, can we get a CCJ against them and do we have to go back to court for that?

        Sorry for the noob questions!

        Comment


          I would not wait and do a few claims on MCOL until they move out, say every 2 months. Otherwise you will need to trace them in future. You will need to send them a pre action letter before doing MCOL claim.

          Comment


            Originally posted by Perce View Post
            I would not wait and do a few claims on MCOL until they move out, say every 2 months. Otherwise you will need to trace them in future. You will need to send them a pre action letter before doing MCOL claim.
            If you do this, it's likely that the court will stop awarding costs against the tenant.

            You'd probably get away with one claim while the tenancy is ongoing and one when the full debt is known.
            Although there isn't really an alternative now, so you might get away with it!

            Rent is due until the tenancy ends, not the date of the possession order.
            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).

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              I have done 3 claims now and had no problems.
              .

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                Originally posted by Perce View Post
                I have done 3 claims now and had no problems.
                Good to know - the tenant should be complaining to the court!
                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).

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                  Is there a limit on how many times one can claim ? The tenant owes the money so he cannot say he does not.

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                    So, if the tenants defy a court order by not paying money that a court order says they should pay, the best way forward (to get the money or a CCJ against them) is via MCOL?

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                      I think if you already have a court order you dont need to do MCOL. I would call HCEO and ask them what to do. I do not have possession order yet so use MCOL.



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