Appeal to Bailiffs Action

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    Appeal to Bailiffs Action

    Hi
    I am a landlord and served Sec 21.
    Court ordered eviction.
    Nothing happened.
    So Bailiffs were appointed.
    Tenant has appealed now to court.
    Court has given a date but don't understand the reason for appeal.
    Agent advising to get a Barrister and more cost.
    Doesn't make sense .
    Any advise well appreciated
    Ben

    #2
    Go to or ring the court and ask the reason(s) put on the appeal papers - then tell us. More detail needed

    The court has to tell you what order the judge made and any details of an appeal but sometimes the court staff do need chasing to get the paperwork.

    I would hold on appointing a barrister - unless agent is paying!



    Freedom at the point of zero............

    Comment


      #3
      We've had this a couple of times, the tenant can appeal the bailiffs order if they want and the Court has to hear it. Its unlikely they have come up with any reason that the Court would accept that they wouldn't have accepted at the initial hearing so I wouldn't worry too much.

      Has the judge set a date prior to the date the bailiffs was due to attend? usually this means the judge sees no grounds on which the appeal might succeed and will reinstate the bailiffs order for the original date.

      But speak to the Court first
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

      Comment


        #4
        Appeal to Bailiffs Action

        Tnx for the advise.

        Did more digging
        Court issued warrant for Bailiff and after this Tenant appealed saying he did not receive the Sec 21. and has complained about some repairs to be done which he is not allowing tradesman to enter and has changed the locks.
        Probably Judge being sympathetic cancelled the warrant and set a court date.
        This is judicially incorrect.
        So the court date is set.
        Instructed the Agent to present proof from tradesman about the repairs.
        One occasion even the council environments inspector was present when tradesman tried to enter the premises.
        Hope the Judge take note of this and evict this tenant.
        Regardless of any faults, my understanding is Sec 21 in a AST gives landlord right to evict.

        This guy has not paid rent for months.

        Will post how this develops after 29th June court hearing

        Ben

        Comment


          #5
          S21 does give the right to evict provided it was dated correctly, properly served and you can prove it was received. Do these apply?
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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            #6
            Yes
            That is the reason Court issued the Bailiff's warrant in the first place.
            It was after this that the tenant claimed to not have received the notice.

            Comment


              #7
              The judge will only be interested in the tenants claim that he did not receive notice.
              Do not introduce anything regarding repairs etc.

              What proof do you have that it was served?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Proof is the key to the new claim - the original judge may not have asked for it but the next one certainly will!
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #9
                  Originally posted by bpa002 View Post
                  Yes
                  That is the reason Court issued the Bailiff's warrant in the first place.
                  It was after this that the tenant claimed to not have received the notice.
                  No, the possession order was granted because the tenant didn't defend it, it does not follow automatically that it was 100% right.

                  Comment


                    #10
                    Yes photographic evidence with a witness

                    Comment


                      #11
                      or 2 x certs of postage from different post offices.....
                      Unshackled by the chains of idle vanity, A modest manatee, that's me

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