Eviction delays - possible?

[SamField]

Hi All,

First post - have had a search about but theres so many different scenarios. Here's mine - I hope one of you can help.

The jist: Tenant hadn't paid rent for over a year. We got a solicitor and served the notice on a S21, then applied to the court for possession.
There was no hearing and the court awarded us possession of the property.

The tenant didn't leave by the date set out ( September 15th) So we applied to the court for a Baliff to carry out the eviction, they set a date for October 14th.

I received an email from my solicitor stating that the tenant wishes to get in contact with us ( they're no longer acting for us - no problems or anything) and that the council ( who housed the tenant with us) have told her they will not rehouse her now if we are going to claim for rent arrears later, and that the tenant should apply to the court for to delay the baliffs taking possession on the 14th.

Given that we sought & was granted possession on a S21 are they just fobbing us off? We just want the property back now and have lost so much. The Tenant hasn't got a proverbial pot, so theres no chance of getting money out of her.

What's the next step for us?

Any advice would be appreciated

Regards,

Sam

[visum]

Well it would be worth applying for the CCJ to give the tenant one in the eye for the hardship caused. This would greatly help other landlords to spot her in the future. I wouldn't worry too much about any delay with the bailiffs. The county council social services will normally step in and sort rehousing if the borough council washes its hands of someone - there is never a time in this country where the buck stops with the perpetrator of bad behaviour!

[SamField]

Thank you for the response, so even if this is delayed is there a maximum time period?

I'm assuming the delay is so that the tenant can sort themselves ( or drag it out further)

What I don't want it to be a case of is that the eviction is somehow thrown out because the tenant is claiming they won't be rehoused

[jta]

I'm not quite clear on what you're asking Sam. The most the tenant can ask the court is a stay of execution of 42 days, and it sounds as if they will have had that by the time the bailiff turns up.

Given that we sought & was granted possession on a S21 are they just fobbing us off? We just want the property back now and have lost so much. The Tenant hasn't got a proverbial pot, so theres no chance of getting money out of her.

It does sound as if someone is not clear on the law. A S21 is a 'no fault' possession order. therefore there can be no order to pay the arrears given with it.

You can, and should, however take her to court and least put a ccj in her name. That's no business of the council.

I do not think I would even bother to answer the request if it was me.

[visum]

They cannot delay it forever. Someone will no doubt correct me if I'm wrong, but I believe it is an absolute maximum of 6 weeks??? Anybody?

Also may I ask why you evicted under Section 21 rather than Section 8?

[jta]

Just thinking about that, was the tenant getting LHA to pay the rent? If so, had you asked the council to pay you direct?

If you did, did they?

[SamField]

Thanks for the responses

@ Jta - I'm just concerned that it will be dragged out even further and we won't get her out of the property. My wife and I thought we were on the home straight in terms of getting this person out and getting out property back.

From what you say she could apply for and perhaps be granted a delay of eviction for upto 42 days beyond 14th October?

@Visum - We just wanted her out, she's destroyed what was once a nice home. Honestly we've lost a lot but it got a point where we just want the place back.

[SamField]

Just thinking about that, was the tenant getting LHA to pay the rent? If so, had you asked the council to pay you direct?

If you did, did they?

Initially the LHA would pay the tenant a certain amount and she would top it up and pay us. She lost her housing benefit after her partner was caught working aswell as claiming and then he left her.

[visum]

If she's claiming housing benefit you will be able to get it paid directly to you, and you should. Just send an email to your local council giving the name and the address of the tenant, ask them to suspend her claim whilst they investigate and ask them to pay direct to you. You will need to provide rent records to show the arrears.

This is a small thing to do, but there's a bit of money at stake, so it is worth doing!

[jta]

Thanks for the responses

From what you say she could apply for and perhaps be granted a delay of eviction for upto 42 days beyond 14th October?

No. From the date of the order. I think, someone will correct me if I'm wrong.

[SamField]

She's not getting paid HB now though, she lost that some time ago. The LHA/Council basically washed their hands of her. The rental agreement was between her and us.

[jta]

Initially the LHA would pay the tenant a certain amount and she would top it up and pay us. She lost her housing benefit after her partner was caught working aswell as claiming and then he left her.

So who was actually claiming? Her or her partner? I think you need Emma or Michael or hbadvocacy to advise you on this, there might be a way for you to recover some of your losses. not much chance but it's worth looking at.

The reason I say this goes back to your original question.

I received an email from my solicitor stating that the tenant wishes to get in contact with us ( they're no longer acting for us - no problems or anything) and that the council ( who housed the tenant with us) have told her they will not rehouse her now if we are going to claim for rent arrears later, and that the tenant should apply to the court for to delay the baliffs taking possession on the 14th.

Why would the council say something like that if they did not think they might be, in some way, liable to you? They certainly are not going to give a flying f**t as to whether the tenant gets a ccj or not.

I have a feeling in my water that she has been getting LHA directly and the council has realised it should have been going directly to you.

[SamField]

Thanks Jta

She was in receipt of HB, he wasn't supposed to be living there apparently which got her into trouble.

We spoke with the person in at the Council about it and they said she had her HB revoked.

I don't know why they would tell her to say those things to the court. She is definately not now in receipt of HB, not paid us a penny and due to have the baliffs round on 14th Oct.

In terms of getting the property back on the 14th October - can any more spanners be thrown into the works?

[jta]

In terms of getting the property back on the 14th October - can any more spanners be thrown into the works?

I hope not.

and that the council ( who housed the tenant with us) have told her they will not rehouse her now if we are going to claim for rent arrears later,

But we come back to this. Did they give you a bond instead of a deposit maybe?

Could that be the reason they are giving such advice? I am sure there's summat fishy here, Are they just trying to get you to forgo claiming against the bond?

[SamField]

I hope not.


But we come back to this. Did they give you a bond instead of a deposit maybe?

Could that be the reason they are giving such advice? I am sure there's summat fishy here, Are they just trying to get you to forgo claiming against the bond?

Not so much a bond, they gave us a 'finder's fee' as an incentive. Not a deposit.

The more you mention it the more it sounds like they are worried about something.