Possible problems during Bailiff eviction...

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    Possible problems during Bailiff eviction...

    The occupants in my property are due for eviction this thursday, with the use of court appointed bailiffs. The judge granted me an immediate possession order after hearing my case.

    I have been told by some people that there is the risk of the occupants may still be allowed to remain in the property as they have a 12 year old daughter and due to some soft law protecting minors that this could be prolonged further if they haven't found alternative accomodation.

    Surely this can't be true? If you have a Possession Order from the court, you have full access to re-take your property? Please help!

    The defendant tenants can make an emergency application for the warrant to be suspended and if this happens, you will usually be given notice by phone and indeed the judge can under certain conditions conduct the hearing over the phone.

    The judge is limited to six weeks from the court order if there are hardship reasons for delaying an eviction - merely having a 12 year old child in the eviction premises does not count though someone who is ill may count.

    All you can do is wait and see firstly if an application is made, and then if you are called to attend a hearing, go to it.


      A bailiff is entitled to remove anybody he finds on the premises and he will be armed with a Warrant of Possession. Failure to comply with a court order is a criminal offence so if the occupants refuse to comply the bailiff will almost certainly call plod to assist.

      Make sure you have a locksmith in attendance to change the locks unless you are capable of doing it yourself, once the premises have been cleared of all detritus.

      As David states there can be a suspension but it's rare.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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