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View Full Version : possession order and eviction timing-Urgent



kiran
25-10-2009, 21:02 PM
Please advise me, how I can tackle this timing puzzle.
I would like to get the repossession order date a.s.a.p, but would think before I get the tenant evicted in the hope to get the rent as before from the council.

My tenant went to his native country (leaving his children with relatives to continue to occupy the property) in June. He is a housing benefit claimant and I receive the rent directly from the council. The council asked him some
Details of his income etc, without replying the tenant went abroad for, now, four months. The council cancelled his claim and told us that he has to fill in a fresh application to get the housing benefit. Thus rent stopped for months and S8 was served, I am attending the hearing very soon. Possibly the Judge may grant the possession order with earliest possible date. Which I would not refuse.

Now, if the date by which he has to vacate the property is, say, 10th of November. He is due back on 5/11/09. He may reapply and get the housing benefit and I get the rent by end November.. In this case I would not like to approach the bailiff too soon for eviction. So how long for I can delay the eviction date? If the eviction date is 30/11/09 and by that time the council start me paying rent, can I stop the eviction? I do not mind w/off the Bailiff’s charges £ 95. Is there any deadline, by which, I must get the eviction order? Thanking you in advance. K.

havensRus
26-10-2009, 13:26 PM
Now, if the date by which he has to vacate the property is, say, 10th of November. He is due back on 5/11/09. He may reapply and get the housing benefit and I get the rent by end November.. In this case I would not like to approach the bailiff too soon for eviction. So how long for I can delay the eviction date? If the eviction date is 30/11/09 and by that time the council start me paying rent, can I stop the eviction? I do not mind w/off the Bailiff’s charges £ 95. Is there any deadline, by which, I must get the eviction order?

1. Up to you. If T leaves by possession date, problem solved. If T does not leave by possession date, you can apply for bailiff to visit anytime after that date.

2. Yes, you can agree with your T not to enforce the possession order => suspending it for the time being, subject to conditions that you both agree to. You can always call the bailiff later if T breaks agreement ....

3. Not sure that there's a time limit on enforcing the possession order - others may know?

Emma1973
27-10-2009, 11:22 AM
There is a couple of things that may be relevant. He isnt going to get all the HB backdated to July, only 3 months worth, and you could be looking up to 8 weeks (And in some places even longer) before the council process the claim.

And because its a fresh claim, i.e a new one, it is possible that the LHA may be paid directly to him, get a form from your council to apply to have it paid direct to you and immediately show them all the evidence that proves he is that much in arrears. Just ticking the box in the form to have it paid direct to you no longer works!