Can my tenant delay eviction date?

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    Can my tenant delay eviction date?

    After a long 6 month battle with an awful tenant, I have finally received an eviction date of next Wednesday 4th March.

    This woman knows every trick in the book and believe me she has used it! We were given a possession order following a S21 and she was ordered to leave the property on the 7th January. Because more than 6 weeks has passed since she was ordered to leave, I understand from reading other posts that she therefore cannot apply to the Court for a stay of execution.

    My question to the forum is, however, what would happen if, for example, she feigned illness or pretended to have an asthma attack on the doorstep? Would the eviction still go ahead or would the bailiff call off the eviction. This woman has, in the past, used her asthma and her husbands illness for not paying rent (she hasn't paid since August last year) and for not turning up at court and having hearings delayed.

    Any advice would be gratefully received.

    Thanks
    Lorraine

    #2
    Originally posted by Lol View Post
    My question to the forum is, however, what would happen if, for example, she feigned illness or pretended to have an asthma attack on the doorstep?
    Call an ambulance and get her carted off to hospital. Job done!

    Comment


      #3
      Thanks for that useful advice! I have heard though that a private ambulance may have to be called and I would be charged for it!

      Anyone else have any experience of this happening?

      Comment


        #4
        Originally posted by Lol View Post
        Thanks for that useful advice! I have heard though that a private ambulance may have to be called and I would be charged for it!

        Anyone else have any experience of this happening?
        Why would you need to call a private ambulance? This is the UK, for goodness' sake! We still have NHS ambulances... don't we?

        If she claims to be having an asthma attack, and appears to be struggling to breathe, ask her if she has an inhaler (and get her to use it). Then, if the inhaler is making little difference, unless you are sure she is not faking it, then you will have to take her word for it and call 999, as you would for any other member of the public (who appeared to having a serious asthma attack).

        I would be the last person to encourage you to waste the time of the emergency services, but stressful situations can bring on asthma attacks and they can, if untreated, prove fatal.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          You would not need to pay for the ambulance, she would!

          A friend was in a car accident, he refused an ambulance but someone at the scene called one. When it arrived he was carted off to hospital where it was deemed unnecessary for the ambulance and so he was charged!! Despite arguing he had refused the ambulance he had to pay up!

          If you call the ambulance, and tenant gets charged she could possibly sue you... but then you were acting in her best interests!!
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

          Comment


            #6
            Originally posted by justaboutsane View Post
            A friend was in a car accident, he refused an ambulance but someone at the scene called one. When it arrived he was carted off to hospital where it was deemed unnecessary for the ambulance and so he was charged!! Despite arguing he had refused the ambulance he had to pay up!
            I believe road traffic accidents are a special case, and there's normally a charge made, which usually gets covered by the motor insurer. Could be wrong though!

            Comment


              #7
              Originally posted by Ericthelobster View Post
              I believe road traffic accidents are a special case, and there's normally a charge made, which usually gets covered by the motor insurer. Could be wrong though!
              No, I think I've heard that, too.

              By the way, please ignore the word 'not' in 'not faking it' in my post above (#4). Apologies.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                They can charge for all sorts now. We were advised at Antenatal classes that if we called an ambulance while in labour we could be charged for it!!
                GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                Comment


                  #9
                  Originally posted by justaboutsane View Post
                  They can charge for all sorts now. We were advised at Antenatal classes that if we called an ambulance while in labour we could be charged for it!!
                  Simple solution : join the Green Party
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    Thanks for the info. but going back to my original question - if she does feign an asthma attack or any other illness on the day of the eviction, will the eviction be called off or will it go ahead?

                    Comment


                      #11
                      Originally posted by Lol View Post
                      Thanks for the info. but going back to my original question - if she does feign an asthma attack or any other illness on the day of the eviction, will the eviction be called off or will it go ahead?
                      I can't imagine it would be called off, but why don't you ring the bailiffs of your local court - ie the guys who will actually be doing the eviction - and ask them? I doubt it's that unusual and they may have a policy... it wouldn't help to forewarn them that you suspect she might try something like this, so it won't come as a surprise if and when it happens.

                      To be honest though, the ambulance thing was a serious suggestion: if she's not ill enough to require hospitalisation, then isn't she well enough to be evicted?

                      Comment


                        #12
                        T can apply for the warrant to be suspended up to as late as the morning of the eviction. There would have to be compelling reasons for a delay and the courts often see it as a last ditch attempt.

                        Bailiff is allowed to use reasonable force to secure the premises.

                        The situation on the charge for ambulances in road traffic matters is that there is now legislation that makes the defendant of a personal injury claim (not just car accidents) liable to pay the costs of the ambulance, and also for any period of stay in hospital. There is a cap on the claims in the region of £55k. These are usually payable by the insurance company for the defendant, but if defendant has no insurance then it can be very costly.
                        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.

                        Comment


                          #13
                          It was the bailiff who told me about the private ambulance. We were in the same situation last year with this Tenant and at one of the Court hearings, she failed to turn up. She rang the Court to say that she had had an asthma attack that morning and was on a nebuliser and could not get to the Court. The hearing was ajourned in that instance but whilst we were at the Court, the bailiff involved in the case told us that she wasn't aware that our tenant was "ill" and that it threw a very different light on things and that if she was too ill to evict, then we would be charged for a private ambulence. To be honest, the bailiff is a complete nightmare too and is very difficult to deal with. I just wondered if anyone else had come across a tenant who feigned illness on the day of eviction.

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