Tenant using council hazard notice to avoid eviction

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    Tenant using council hazard notice to avoid eviction

    We have a troublesome tenant and a S21 possession order in hand - just waiting...and waiting...for baliffs to resume. Tenant is supposed to leave property by 29th, but today (26th) we received a 42day council hazard notice where the tenant is claiming 'mould. Can this be used to stay the eviction?

    #2
    No, if the judgement has been given the next steps is bailiffs, after all if they have mould, why would they want to live there and expose themselves..... doesn't make sense for their own health. Contact the bailiffs to see when tjhey are going to execute the PO.

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      #3
      The law relating to retaliatory eviction is clear that a relevant notice given after a possession order is made doesn't affect 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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        #4
        But, to avoid later arguments, put in place a plan to get rid of mould.

        You presumably mean by "" Tenant is supposed to leave property by 29th """ - that the PO expires 29th.

        That a PO expires does not end a tenancy, nor compel tenant to leave. Only expired PO & bailiffs/hceo can do that.
        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...

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          #5
          Originally posted by theartfullodger View Post
          But, to avoid later arguments, put in place a plan to get rid of mould.
          IF there is mould (tenant denying access yet asking for repairs 🙄) then it is purely down to tenant behaviour...there was no sign of mould a month ago when our plumber was in there.
          Once the tenant is out we plan to napalm the place (after holding a party 'cos the baliffs are working again)

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            #6
            Originally posted by ash72 View Post
            No, if the judgement has been given the next steps is bailiffs, after all if they have mould, why would they want to live there and expose themselves..... doesn't make sense for their own health. Contact the bailiffs to see when tjhey are going to execute the PO.
            Didn't think so, but wanted to double check. Nobody knows when baliffs will get there - still a stay on evictions until at least Feb 21. Total piss take.

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              #7
              Makes absolutely no difference to anything, instruct bailiffs on the 29th and wait for your eviction.

              In the meantime, make noises that you're going to address the mould, ask him for a date you can send someone round - keep it as evidence, but I doubt they'll respond...

              He's likely speaking to the local Counci land they're trying to keep him at the property, likely they've not been told/understood that the possession order has already been made.

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