Tenant status after possession order, but before bailiffs?

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    Tenant status after possession order, but before bailiffs?

    Does anyone have any idea what the status of a tenant, on an AST is after a possession order has been issued, but before the bailiffs have evicted them from the property?

    #2
    Originally posted by Trawler View Post
    Does anyone have any idea what the status of a tenant, on an AST is after a possession order has been issued, but before the bailiffs have evicted them from the property?
    Yes. The tenancy continues until the order is executed.

    Comment


      #3
      But on Shelters website it says:
      Your landlord has to get permission from the court before he or she can evict you. This is called 'applying for possession'. If the court gives your landlord a possession order this ends your legal right to stop them from entering your home. It also gives them the right to be in the property and ends your right to live there.

      ?

      Comment


        #4
        Originally posted by Trawler View Post
        But on Shelters website it says:
        Your landlord has to get permission from the court before he or she can evict you. This is called 'applying for possession'. If the court gives your landlord a possession order this ends your legal right to stop them from entering your home. It also gives them the right to be in the property and ends your right to live there.

        ?
        It does not mean the LL can simply walk into the house against the tenant's wishes. He must instruct court bailiffs and they must enforce the order before LL can physically regain possession.
        '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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          #5
          Lawcruncher - The Housing Act 1988 says otherwise?

          Housing Act 1988 S7(7)
          (7)Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) on the day on which the order takes effect..

          So as soon as an order has been granted, the tenancy ends... What is the status of the tenant after that? A trespasser or something?

          Comment


            #6
            Originally posted by Trawler View Post
            Lawcruncher - The Housing Act 1988 says otherwise?

            Housing Act 1988 S7(7)
            (7)Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) on the day on which the order takes effect..

            So as soon as an order has been granted, the tenancy ends... What is the status of the tenant after that? A trespasser or something?
            I believe this was recently changed to address the "or something" status of Landlord & Tenant, unfortunately I cant find the link or remember where I read it.

            Comment


              #7
              The change was effected by the Housing and Regeneration Act 2008 and is set out in schedule 11. The changes are:

              5 The Housing Act 1988 is amended as follows.
              6 (1) Section 5 (security of tenure) is amended as follows.
              (2) For subsection (1) substitute—
              "(1) An assured tenancy cannot be brought to an end by the landlord except by—
              (a) obtaining—
              (i) an order of the court for possession of the dwelling-house under section 7 or 21, and
              (ii) the execution of the order,
              (b) obtaining an order of the court under section 6A (demotion order), or
              (c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,
              and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.
              (1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed."
              (3) In subsection (2)(a) after “court” insert "of the kind mentioned in subsection (1)(a) or (b) or any other order of the court".
              7 In section 7(7)(possession orders in cases of fixed term tenancies which have come to an end) for “on the day on which the order takes effect” substitute "in accordance with section 5(1A)".

              Comment


                #8
                Ahaaa - very many thanks indeed! U are a star

                Comment


                  #9
                  ooo - just reading that - and nothing to do with my original query...

                  Is the following section (see below) referring to break clauses? And if it is, does it overturn that case (i can't quote it atm) that determined the service of a S21 would also be taken as a break notice? (ie/ does it mean that a break notice must be served in addition to a S21?).

                  (c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

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