Advice needed What should I can do next? Struggling for the best route.

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    Advice needed What should I can do next? Struggling for the best route.

    I went to court on January 28th and got my PO and a money claim for £7350.00. The tenant hasn't paid since last January. It states on the PO that she must leave the property by 1st of March and pay the money. But of course she has done neither. She text me saying that I faked the PO as it didn't have a court seal on it. This is utter rubbish and she could quite easily ring the court.
    I have now applied for both a warranty of possession for the CC bailiffs and for it to be transferred to the high court so I can use HCEO. I am hoping this shouldn't take to long.
    But because its states that she should be out today (Which she is not). Is there anything I can do?

    #2
    PO does not end tenancy nor compel tenant to leave.

    Bailiffs or HCEO.

    Give no reference or only a full, honest one. Copy paper work to council housing department so they waste as little effort and money as possible on this cheat.
    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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      #3
      Does anybody know if I can fill out N239A form myself and send it to the high court or do the bailiffs have to do it?

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        #4
        Was this a s21 or s8 notice? If S21, you will not be able to use bailiffs or HCEOs to execute the warrant until after the Gov't lifts the eviction ban, (currently extended until 31 March), and you will not get priority despite the large rent arrears.

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          #5
          It was on a section 8 and i have spoken to a few HCEO Who are saying because she has rent arrears over a year and has been anti-social and breach of contract. I can pay the current stay doesn't apply to her.

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            #6
            You can't apply for both CCB and HCEO, to use the HCEO you need to go back to court (unless you already did this in the application) to move it to the High Court, once granted then only the HCEO can enforce the warrant. Depending upon what the grounds were that you were seeking the possession, will depend upon if the HCEO can enforce it (as they can if certain breach's are met). They can help you file the paperwork with the courts, and you will be looking at around £1000 for doing it, but they may be able to get some or all your money back, but your possession should be the first.

            I would also not communicate further with your T, they would have received all the paperwork from the court, and once you instruct a Bailiff they will also get this paperwork. Just file the case with a HCEO and wait until eviction date. It's always stressful and best to stay away until this date.

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