Stay of eviction: on what grounds?

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    Stay of eviction: on what grounds?

    I had a possession hearing due to my tenant defending Sec 21 notice.
    The judge gave the tenant 28 days to vacate.
    However, I have not yet received the written confirmation of the court order. The tenant did hot attend the hearing and may not even know that she has to leave.
    I phoned the court (Central London County Court) to ask, and was told that, they have a backlog and it will take two more weeks to type the order.They saiy they are sorry, but there is nothing they can do.
    Typing the order will take them five weeks and I will not have a written court order by possession day, because of that .
    How can I expect the tenant to vacate, when she has not received the order.
    I cannot instruct bailiffs without it.
    Desparate to get my property back. I have waited for nearly three months since the tenant refused to vacate. She has stopped paying any rent of course. I am devastaded and nearly broke.
    Your advise will be appreciated.

    #2
    Stay of eviction: on what grounds?

    My tenant has extended the possession date (six weeks) on the grounds that she is receiving pschychiatric treatment and has a baby. Although she has had five months already since the sec21 notice was granted, defended my claim etc...
    She is not paying any rent( current arrears £3870.00)
    I have asked the judge to transfer the judgement to High Court in order to speed up the eviction. (further eight weeks in the London County Court).
    What I fear is, that the tenant will apply for a stay of eviction.
    i cannot afford legal advise, due to reduced rental income.
    Can anyone, please, explain what grounds would she have to claim stay of eviction?
    How long will she be allowed to stay?
    Is there any guidelines, that I can look at?
    High Court enforcement is quite pricy, so I would prefer to know in advance what might happen.
    your help will be appreciated.

    Comment


      #3
      Section 21 has a maximum 6 weeks eviction. AFAIK there is no such thing as a 'stay of eviction', I have certainly never come across one.

      Comment


        #4
        Moderator - can you merge this with previous thread on slow CC proceedings from last week?



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

        Comment


          #5
          I don't know how to merge it.
          It is a different topic, anyway.
          The court possession order says that, if the landlors appoints bailiffs, the tenant can apply for stay of eviction and it is up to the judge to decide if it should be granted.

          Comment


            #6
            Originally posted by Akira View Post
            I don't know how to merge it.
            It is a different topic, anyway.
            The court possession order says that, if the landlors appoints bailiffs, the tenant can apply for stay of eviction and it is up to the judge to decide if it should be granted.
            Yes, but the maximum it can be 'stayed' for is 6 weeks from the original order date. As 6 weeks has already been granted there is no further room to allow.

            See section 89(1) http://www.legislation.gov.uk/ukpga/1980/51/section/89

            Comment


              #7
              Two related threads have been merged.
              I also post as Mars_Mug when not moderating

              Comment


                #8
                I now have another question.
                I will use the High Court Eviction Officers. They will not give the tenant a warning of the date of eviction.
                They can act very fast after possession day. I believe that the tenant will still be occupying the property.
                They will be asked to vacate and given some time to collect some belongings.
                What will I do with the rest of their luggage?
                I would not like the tenant to ever enter my property again.
                Would it be acceptable to just collect everything and leave it on the street for them to pick up?

                Comment


                  #9
                  http://www.landlordzone.co.uk/conten...ed-possessions

                  Essentially, you have to take care of the goods for a certain period.

                  Comment

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