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View Full Version : Can a tenant STOP an eviction?



adam1516
19-10-2009, 13:20 PM
Guys,

I need some advice!

I am in the process of having my tenant evicted. He recently sent me an email explaining that it was easy for him to thwart an eviction, and that if the warrant was returned, I would have to go through the entire process from scratch.

He said he would consider taking extreme action to stop the bailiffs - including blocking the entrance to the driveway with concrete blocks.

Can he really do this? What legally are the bailiffs entitled to do to get him out of the property if he blocks access?

Any advice would be appreciated.

garner86
19-10-2009, 13:33 PM
I am pretty sure if he doesn't leave quietly they come back on the next visit with the police. If they don't phone them there and then.

Can someone confirm this?

davidjohnbutton
19-10-2009, 16:55 PM
The warrant allows the person entitled to possession to authorise the bailiff to use reasonable force - it does not require that the bailif does so - the bailiff will make a risk assessment and call in police either then or at a later stage.

The tenant can be imprisoned for contempt of court and the eviction carried out whilst he is in prison if need be.

You will get full particulars with the Bailiffs Appointment notice that comes out after you issue the request for Warrant of Possession.

All your silly tenant is doing is delaying the inevitable at his potential cost and loss of freedom.

quarterday
20-10-2009, 12:59 PM
yes he can generally apply for and successfully obtain relief at the County Court if he pays the arrears (most common ground for eviction) and such costs as were awarded to you. But your tenant sounds like one who is full of the bluster of a defaulter!

Snorkerz
20-10-2009, 13:29 PM
yes he can generally apply for and successfully obtain relief at the County Court if he pays the arrears (most common ground for eviction) and such costs as were awarded to you. But your tenant sounds like one who is full of the bluster of a defaulter!

That wouldn't apply to a 'no-fault' Section 21 though. So long as it's correctly completed the court has no option but to evict - with only the timescale open to negotiation.

davidjohnbutton
20-10-2009, 13:38 PM
Actually Qarterday you are wrong. Whilst an evictee can indeed apply to the court for an extension of time, the judge is limited to 6 weeks. If the eviction is on S21 there are no arrears to pay anyway.

If the eviction is on S8 which does cover arrears as well as possession, once the judge has issued a MANDATORY possession order, that is is, it cannot be gone back on by the court unless there are compelling reasons like for example the PO was obtained by fraud. Payment of all money due under a S8 order does not stop the right to possession but there is nothing to stop the landlord from desisting from pursuing the Warrant of Possession which is required to evict a tenant under either case. This is common where the tenant does pay up and the landlord lets them remain with the PO hanging over the tenant and can activate it if there are further arrears.