ending a Tenancy at will

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by Lawcruncher View Post
    If, after he has obtained on order for possession
    They have not obtained a possession order yet - they have a consent order that requires the person to vacate in March.

    Consent order and T.A.W signed sometime in Dec.
    Mortgage company reject TAW and a AST is quickly knocked together without consulting solicitors in Jan.
    Consent order says vacate in March.

    Has the AST voided
    The first defendant shall deliver vacant possession of .. on or before MARCH Until such time, the first defendant shall occupy the property in accordance with the terms of the tenancy at will referred to

    Comment


      #17
      anyone? has the AST voided the consent order.

      Comment


        #18
        Most probably yes - read post 15.

        If it were a possession order the answer would definitely be yes, since it is essentially the same thing as a possession order but by a different name the answer is almost certainly yes.

        The only way to know for sure is to try applying for a warrant of possession and seeing what happens, wouldn't bother myself though, probably a waste of money.... issue them a Section 21, that's the way to go about removing tenants with an AST.

        The 21 can expire no earlier than 2 months from the date of service, and in any event, not before the end of whatever fixed term (if any) the AST granted. If there were rent arrears or something you might have used Section 8 (only 14 days notice) instead, but you haven't mentioned any?
        I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

        Comment


          #19
          I do not think it makes any difference whether the order was by consent or not.

          Comment


            #20
            Originally posted by Lawcruncher View Post
            I do not think it makes any difference whether the order was by consent or not.
            Thanks for the reply Lawcruncher.

            Does anyone remember those Dr Pepper ads - what's the worse that can happen? -What's the worse can happen if a D11 was filed after the 17th claiming a breach? (The 17th was never altered on purpose - it was more of a side-effect.)

            I'm guessing it would require the other side to file a defense for anything to happen.

            Comment


              #21
              Originally posted by monkeysee View Post
              wouldn't bother myself though, probably a waste of money.... issue them a Section 21, that's the way to go about removing tenants with an AST.
              thanks for the reply monkysee - I think you are right. Just for interests sake I would like to know if I did and failed - could the other side recover costs for their defense?

              Comment


                #22
                Probably yes, on the small claims track in the civil courts those are limited to court costs, not solicitors fees usually. No idea where your claim would be heard though, possession claims usually aren't heard on the small claims unless track both parties agree, and even then fast-track cost rules apply. Also you'd be trying to enforce an order of the family court, I don't know if other, different rules apply with those, the above is based on the civil procedure rules.

                Could have just said yes really couldn't I, lol

                Im 99.9% sure it'll be a waste of time though because you granted the AST after the order was made.
                I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                Comment

                Latest Activity

                Collapse

                Working...
                X