possession order and eviction timing-Urgent

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • possession order and eviction timing-Urgent

    Please advise me, how I can tackle this timing puzzle.
    I would like to get the repossession order date a.s.a.p, but would think before I get the tenant evicted in the hope to get the rent as before from the council.

    My tenant went to his native country (leaving his children with relatives to continue to occupy the property) in June. He is a housing benefit claimant and I receive the rent directly from the council. The council asked him some
    Details of his income etc, without replying the tenant went abroad for, now, four months. The council cancelled his claim and told us that he has to fill in a fresh application to get the housing benefit. Thus rent stopped for months and S8 was served, I am attending the hearing very soon. Possibly the Judge may grant the possession order with earliest possible date. Which I would not refuse.

    Now, if the date by which he has to vacate the property is, say, 10th of November. He is due back on 5/11/09. He may reapply and get the housing benefit and I get the rent by end November.. In this case I would not like to approach the bailiff too soon for eviction. So how long for I can delay the eviction date? If the eviction date is 30/11/09 and by that time the council start me paying rent, can I stop the eviction? I do not mind w/off the Bailiff’s charges £ 95. Is there any deadline, by which, I must get the eviction order? Thanking you in advance. K.

  • #2
    Originally posted by kiran View Post
    Now, if the date by which he has to vacate the property is, say, 10th of November. He is due back on 5/11/09. He may reapply and get the housing benefit and I get the rent by end November.. In this case I would not like to approach the bailiff too soon for eviction. So how long for I can delay the eviction date? If the eviction date is 30/11/09 and by that time the council start me paying rent, can I stop the eviction? I do not mind w/off the Bailiff’s charges £ 95. Is there any deadline, by which, I must get the eviction order?
    1. Up to you. If T leaves by possession date, problem solved. If T does not leave by possession date, you can apply for bailiff to visit anytime after that date.

    2. Yes, you can agree with your T not to enforce the possession order => suspending it for the time being, subject to conditions that you both agree to. You can always call the bailiff later if T breaks agreement ....

    3. Not sure that there's a time limit on enforcing the possession order - others may know?

    Comment


    • #3
      There is a couple of things that may be relevant. He isnt going to get all the HB backdated to July, only 3 months worth, and you could be looking up to 8 weeks (And in some places even longer) before the council process the claim.

      And because its a fresh claim, i.e a new one, it is possible that the LHA may be paid directly to him, get a form from your council to apply to have it paid direct to you and immediately show them all the evidence that proves he is that much in arrears. Just ticking the box in the form to have it paid direct to you no longer works!

      Comment

      Latest Activity

      Collapse

      • Agent refusing to give reference until we hand in notice
        Jenny7
        Hi, hope you can offer some insight, we are looking to move rental property due to new job starting in September in a new location.
        So thankfully we've a window to shop around to find a new place.
        We've found one suitable spot but we're still looking around, the new place has asked for credit...
        17-07-2017, 12:10 PM
      • Reply to Agent refusing to give reference until we hand in notice
        MrShed
        Not meaning to bang the same drum over and over - but I repeat that you dont have to submit your current landlord as a reference, you have another reference.

        This isnt the rental system - no one is ever obligated to give anyone a reference, regardless of the source or cause.

        ...
        20-07-2017, 12:34 PM
      • Reply to Agent refusing to give reference until we hand in notice
        JK0
        I suspect it's just the agent who does not want to lose client or commission by there being even one day void. Personally, I am always flexible about tenant moving dates.

        It will be rather ironic if you can't move on notice day, and they then have to explain to new tenant that he can't...
        20-07-2017, 12:33 PM
      • Advice please - tenant potentially challenging Section 21
        newlandlord17
        I was an unexpected landlord when I inherited a property recently. Originally I thought I wanted to carry on but then the tenant was nagging about small repairs and when my contractor went in he said the house was very messy, there was a smell of cat urine and a lampshade and door had been damaged....
        20-07-2017, 10:21 AM
      • Reply to Advice please - tenant potentially challenging Section 21
        islandgirl
        A tenant once reported me to the council because the property runs on LPG and LPG is more expensive than normal gas.- obviously the property was already on LPG when she moved in and there is no gas in this rural area! The council came out and inspected and were very nice to everyone but as you can imagine...
        20-07-2017, 12:33 PM
      • What next? Bailiffs?
        MrEllington
        We rented our property last year, and had a tenant that didn't pay rent for the last 6 months of his tenancy.
        He cited health issues, but was clearly seen with a new car, and waltzing around dumping furniture that he didn't need

        We had to use a Section 21 eviction notice to get him...
        19-07-2017, 14:12 PM
      • Reply to What next? Bailiffs?
        islandgirl
        Ha ha I do! However to be honest I love the thought that he has to struggle to pay the £100 a month or so every month - I am sure he thinks of me fondly as he sends off the payment! He has paid off about half of it now though - I waited 2 years and got nothing so sent it to the High Court for £60.There...
        20-07-2017, 12:30 PM
      • Reply to Advice please - tenant potentially challenging Section 21
        theartfullodger
        Would need to expire after end fixed term.

        Have S3 & s48 notices been served prior to s21?

        Are you confident s21 was valid? Told by solicitor Tuesday that 70% of landlords s21s are invalid....
        20-07-2017, 12:22 PM
      • Reply to Agent refusing to give reference until we hand in notice
        Jenny7
        thanks, but it's exactly this sort of thing we wish to avoid, bad faith and stress :-(
        is the rental system really set up like this? to prevent tenants from looking and shopping and moving with ease?
        I guess we've rented the same spot so long we figured we could move when chose not be subject...
        20-07-2017, 12:22 PM
      • Reply to Agent refusing to give reference until we hand in notice
        JK0
        I wouldn't sweat it. Worse comes to worse, you can stay on at the end of your notice. Landlord would still have to go to court to get rid of you.
        20-07-2017, 12:17 PM
      Working...
      X