Got possession order - what else can go wrong?

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    #16
    Originally posted by Muttley View Post
    Hi Paul,

    the order was made on December 5th. Possession was sought on a 2 months notice period (from a rolling AST) which expired way back in October, so nothing to do with rent arrears (I have that going on in a separate case). I'm just at a loss as to why this can continue apparently indefinitely. I've not had a penny in rent since last May.

    16 January 2009 is the maximum date to which possession can be postponed. Court has no power to extend beyond then - authority is section 89 Housing Act 1980.

    write to the court and point this out you may even agree to an extension until then (as its so close) then apply for bailiffs on that day. Court may not list a hearing and simply postpone till the 16th, its so close it should not make a massive difference to the day the bailiffs can attend. Just make sure your bailiffs application is in actioned by the court on 17 january 2009 (attend in person to ensure it is issued that day)
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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      #17
      I already have the court bailiffs booked for the 19th - the tenants are trying to get this postponed (again). Their application has already been denied once - I'm just at a complete loss how they can get another hearing for the same thing - their reasons for the postponement aren't even any different to last week. Of course it will cost me time and more money to turn up to another hearing. What's the point of having a judgement made in my favour (last week) if they can simply request a new hearing this week?

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        #18
        Originally posted by Muttley View Post
        I already have the court bailiffs booked for the 19th - the tenants are trying to get this postponed (again). Their application has already been denied once - I'm just at a complete loss how they can get another hearing for the same thing - their reasons for the postponement aren't even any different to last week. Of course it will cost me time and more money to turn up to another hearing. What's the point of having a judgement made in my favour (last week) if they can simply request a new hearing this week?

        write to the court and point out that the Judge cannot extend beyond 16 Jan - agree to extension until then but no more. Leave bailiffs listed for 19th. If T leaves then cancel bailiffs. yes its a pain attending court again but I think its worth it to ensure the court does not give the tenants more time than they are allowed
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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          #19
          Well went to court again - tenant turns up late, but we all wait. Finally got a judge who wasn't taking any crap - appeal was thrown out, and an order made so that the tenant cannot make any more appeals to the County Court, and also ordered T to pay costs of £600 - his face was a picture The Judge explained more than once that the notice period had been served correctly, and that there is no defence. T still didn't want to accept that, but Judge had enough. Eviction is still happening on Monday - was asked to get the police to attend as well as the bailiffs and locksmith. Starting to feel a little more hopeful, but won't be convinced until it actually happens...

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            #20
            CONGRATULATIONS MUTTLEY !!

            With any luck the tenants will be gone before the bailiff arrives. BUT just in case they decide to put up a last fight, my advice is to park your car up the street away from your property, bring a locksmith in case they have changed the locks and you need to force entry. The police will back up the bailiff if things get violent.

            Hopefully on Monday you will see the safe return of your property and it will feel amazing to be finally rid of this scum who have caused you so much stress and worry over the last few months. Just be more careful with selecting your next tenants....

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              #21
              glad you got it sorted - when you turn up on eviction day take a camera to photograph any damage as you may (or not) want to sue for that as well later
              PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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