Suspension of a Warrant for Possession

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  • Suspension of a Warrant for Possession

    On August 12th I won a possession case and my tenant was given 42 days to leave. He didn't and I applied for a bailiff who is due to attend on Monday. In the meantime my tenant has applied for a suspension of the warrant for three weeks on the grounds that he has a new property to go to in early January. This case will be heard on Friday.
    How can I contest this appeal?

    The tenant has had nearly four months to find alternative accommodation and feel this is more than adequate.

    Any advice would be greatly appreciated.

  • #2
    I forgot to mention that I bought the case as the contract had ended and I didn't want to keep the tenant as the rent was not paid in the correct manner (dribs and drabs) but not due to rent arrears.

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    • #3
      42 days is the maximum time a judge can allow, the bailiff should be able to evict.
      I offer no guarantee that anything I say is correct. wysiwyg

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      • #4
        What happened to the bailiffs' Christmas amnesty?
        Disclaimer:

        The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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        • #5
          Thanks for the replies. I am confident that any sensible judge will dismiss this case as you correctly say you cannot have an extension on the 42 days.

          It seems that my tenant's legal aid barrister is feathering his own nest as he must know this.

          I will let you know what happens on Friday.

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