Notice of Appointment with Bailiff (at last)

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  • Notice of Appointment with Bailiff (at last)

    We have finally received a notice of appointment with Bailiff to evict our awful tenant. We started to proceedings in August 2008 and have received an eviction date of 4th March.

    My question is: is there any way the tenant can wriggle out of the eviction or will this finally be the day I get rid of her? This tenant knows every trick in the book and has used every single one of them! She appears to be in her 60's and quite often uses her asthma as an excuse for not turning up at Court. Could she feign an asthma attack on the day and therefore the bailiff would not evict her? If so, what would happen then?

    Any advice please?


  • #2
    The key date to know is the date that the order was made for possession. The T can apply to court to extend the possession date up to 6 weeks from the date of that order.

    It is likely that the 6 week date has passed as you have a date for bailiffs to attend.

    T can apply to suspend the bailiffs as late as the morning of the eviction. They would need to make an application to court so you would know about it and they would need to have some compelling reasons for the judge to suspend the order - but there is always the risk of an application.
    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.


    • #3
      Thanks Paul,

      The Judge ordered possession of the property on the 7th January so I presume she cannot therefore extend.

      This woman knows the system very very well and my real concern is that she will feign an asthma attack on the doorstep when the bailiff calls or tell the bailiff that her husband is to sick to move and I wondered what would happen in that sort of scenario?


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