Can a tenant STOP an eviction?

  • Filter
  • Time
  • Show
Clear All
new posts

    Can a tenant STOP an eviction?


    I need some advice!

    I am in the process of having my tenant evicted. He recently sent me an email explaining that it was easy for him to thwart an eviction, and that if the warrant was returned, I would have to go through the entire process from scratch.

    He said he would consider taking extreme action to stop the bailiffs - including blocking the entrance to the driveway with concrete blocks.

    Can he really do this? What legally are the bailiffs entitled to do to get him out of the property if he blocks access?

    Any advice would be appreciated.

    I am pretty sure if he doesn't leave quietly they come back on the next visit with the police. If they don't phone them there and then.

    Can someone confirm this?


      The warrant allows the person entitled to possession to authorise the bailiff to use reasonable force - it does not require that the bailif does so - the bailiff will make a risk assessment and call in police either then or at a later stage.

      The tenant can be imprisoned for contempt of court and the eviction carried out whilst he is in prison if need be.

      You will get full particulars with the Bailiffs Appointment notice that comes out after you issue the request for Warrant of Possession.

      All your silly tenant is doing is delaying the inevitable at his potential cost and loss of freedom.


        can a tenant stop an eviction

        yes he can generally apply for and successfully obtain relief at the County Court if he pays the arrears (most common ground for eviction) and such costs as were awarded to you. But your tenant sounds like one who is full of the bluster of a defaulter!


          Originally posted by quarterday View Post
          yes he can generally apply for and successfully obtain relief at the County Court if he pays the arrears (most common ground for eviction) and such costs as were awarded to you. But your tenant sounds like one who is full of the bluster of a defaulter!
          That wouldn't apply to a 'no-fault' Section 21 though. So long as it's correctly completed the court has no option but to evict - with only the timescale open to negotiation.


            Actually Qarterday you are wrong. Whilst an evictee can indeed apply to the court for an extension of time, the judge is limited to 6 weeks. If the eviction is on S21 there are no arrears to pay anyway.

            If the eviction is on S8 which does cover arrears as well as possession, once the judge has issued a MANDATORY possession order, that is is, it cannot be gone back on by the court unless there are compelling reasons like for example the PO was obtained by fraud. Payment of all money due under a S8 order does not stop the right to possession but there is nothing to stop the landlord from desisting from pursuing the Warrant of Possession which is required to evict a tenant under either case. This is common where the tenant does pay up and the landlord lets them remain with the PO hanging over the tenant and can activate it if there are further arrears.


            Latest Activity


            • Erroneous Change Of Occupancy Fee
              Hi There,

              I am planning to move out of a shared rental property in March. Foxtons, the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving...
              23-01-2018, 13:16 PM
            • Reply to Erroneous Change Of Occupancy Fee
              Your information is severely deficient,
              Of course a move out inspection can be chargedeven with no move in report.
              You accepted LA fees by proceeding with Application.
              Deposit ADR cannot be used to contest Agency fees.
              24-01-2018, 02:53 AM
            • Attending Court - Advice Please
              Hi there

              I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
              12-12-2017, 18:03 PM
            • Reply to Attending Court - Advice Please
              Thank you, Ill take a look!
              24-01-2018, 02:31 AM
            • Broken Boiler
              HI - our boiler broke yesterday - our landlord is currently waiting for a quote for a new boiler - however one of the problems we have is that she lives abroad. It consequently means she's able to speak to people in the uk about any sort of business matter for 3 hours in the afternoon. I'm wondering...
              23-01-2018, 13:55 PM
            • Reply to Broken Boiler
              I live in the US at the moment, 7 hours behind the UK, yes its difficult BUT when my boiler broke I had someone out within 2 days, one thing she should have in place is a boiler cover or she should have tradesmen lined up who she trusts so if something goes wrong she can get in touch with them immediately,...
              24-01-2018, 02:29 AM
            • Section 8 notice served, what next
              Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

              I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition...
              22-01-2018, 21:46 PM
            • Reply to Section 8 notice served, what next
              Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement...
              24-01-2018, 02:24 AM
            • Leak into downstairs flat - advice

              I'm new the forum and the UK and wonder if you can advise…
              I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom...
              23-01-2018, 08:50 AM
            • Reply to Leak into downstairs flat - advice
              T responsibility.
              24-01-2018, 02:13 AM