Possession Order but T asking for more time

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    Possession Order but T asking for more time

    I have a possession order for the court which requires T to leave by 7 June 2010, but he is now asking to stay until 21 June to find somewhere else. I am wondering what my options are, and if there is a catch here that I should be aware of.

    T owes thousands in rent, has kept lodgers in the house, and I have learnt that he moved another lodger with a lot of furniture into the property over the weekend. This has got me angry and concerned at the same time.

    Any advise please?

    #2
    Originally posted by bsx043 View Post
    I have a possession order for the court which requires T to leave by 7 June 2010, but he is now asking to stay until 21 June to find somewhere else. I am wondering what my options are, and if there is a catch here that I should be aware of.

    T owes thousands in rent, has kept lodgers in the house, and I have learnt that he moved another lodger with a lot of furniture into the property over the weekend. This has got me angry and concerned at the same time.

    Any advise please?
    Politely refuse his request. If he fails to leave by 7 June, instruct bailiffs. They will remove your T and any hangers-on. It may take a couple of weeks in any case - it will depend on how busy your local court's bailiffs are. But don't enter into any negotiations or you could undermine your own position. It sounds as though your T is having a laugh.
    '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

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      #3
      Did you evict following service of a section 8 notice, or section 21? If section 8 what grounds did you rely on?

      What was the date of the court order (that required T to leave by 7 June)?
      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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        #4
        Originally posted by Paul Gibbs View Post
        Did you evict following service of a section 8 notice, or section 21? If section 8 what grounds did you rely on?

        What was the date of the court order (that required T to leave by 7 June)?
        Section 8 (grounds 8, 10 and 11) although the order states mandatory grounds. My hearing was on 10 May 2010 (T not present), the Judge granted 14 day possession, but the court took nearly two weeks (22 May) to raise the order, giving T to leave by 7 June 2010. I also got order for rent arrears and daily rate up to the date T vacates.

        I am now probably facing the prospect of eviciting T and his army of lodgers using bailiffs but that is likely to take another 6-8 weeks or more, according to the court.

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          #5
          Originally posted by mind the gap View Post
          It sounds as though your T is having a laugh.
          T is probably laughing but I hope to chase him up for rent arrears as he is working. Some smile was taken away from his face when I managed to get his part-rent from HB being paid directly to me now!

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            #6
            The court has got it wrong.

            If the judge heard the case on 1 June 2010 and ordered possession within 14 days T has to be out by 15 June 2010. It is irrelevant that the order took 2 weeks to type up.

            check the order again. Are you sure it does not say T do give possession within 14 days of the date of this order. If it does then some orders have 2 dates. The first date will be in the top right, and is the date the order is typed. The second date will be at the end of the order and that is the date the order was made.

            The operative date is the second date.

            If there is only one date write to the court asking for the possession date to be changed to what the judge ordered.
            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


              #7
              I wish I had questioned this earlier with the court. The order does not say possession in 14 days, only stipulates that the defendant should give possession of the property by 7 June 2010. There are no other dates mentioned in the order as far as I know (I will check that again).

              At the hearing on 10 May the Judge did order possession within 14 days (I asked for immediate but he declined saying it was normal to give 14 days). Then he said that it would take 7-10 working days for the order to come through. This being my first hearing, I did not clarify when the 14 days should expire. In effect, the court seems to have given me possession within 28 days when in fact it should be 14 days.

              I wonder what is the point now in raising this matter with the court as it well past 14 days and approaching close to 7 June.

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