Are bailiffs the last stage; can T resist/object?

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    Are bailiffs the last stage; can T resist/object?

    I have recently obtained a court order for possession which requires my tenant to vacate my property today (16th may), He is not going to leave so my next step is to arrange for a bailiff to evict him. I bumped into the tenant recently and he gave me the impression that there was a defence available to him to avoid the bailiff throwing him out. I am unaware of such a defence and wondered if indeed one does exist. I am under the impression that the bailiff is the final stage of this process.
    Many thanks

    #2
    Well, execution of a possession warrant (Order) does end the tenancy. Here's s.5(1A) of the Housing Act 1988:

    Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      jeffrey
      Thanks for your reply. I appreciate that execution of the possession warrant does end the tenancy but I was more thinking along the lines of whether there is an appeal process available to the tenant before a bailiff is in attendance. Some posts on here have suggested that such an appeal can be lodged right up to the date of the eviction.
      Thanks again.

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