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View Full Version : Order for Possession and Costs - what next



Ann.C
20-03-2010, 12:48 PM
Just received my Order for possession and court costs. Tenants must leave on or before 31st March and pay court costs of £150 on or before 24th March. Don't hold out much hope of receiving court costs this week as they haven't paid their rent for 4 months! However, I know the tenants can apply to the Court for longer notice (up to 42 days). Can I ask how much time they have in order to request this extension - before 31st March?

If they don't ask for an extension and don't leave, I will apply for a Bailiff's Warrant but notice on the end of the form it states that the defendant can apply to the court to stay the eviction and the judge will decide if there are grounds for doing so.

Surely if my paperwork is all in order, which it is as they have issued the order for possession, what's the worse that can happen now. Or am I getting it mixed up and the stay for eviction gives them up to another 42 days to leave?

johnjw
20-03-2010, 14:07 PM
Judges should not be able to postpone the date of eviction beyond 6 weeks following the date of the possession order - in your case beyond 31st of March.
Hopefully they will leave by the 31st March but there is a type of tenant who will not go.
It probably depends on the attitude of the individual judge but in my experience, "Ill health", "nowhere (suitable) to go", provide sufficient reason for a stay of eviction. The fact that rent is not being paid doesn't unfortunately seem to carry much weight.
In the end, it may well be that you will have to remind the Judge that his or her power to postpone eviction is limited to 6 weeks following the date of the possession order - otherwise he or she might just do it!
The worst scenario should be that you have possession by mid-May but I do hope the tenants leave well before this.

Paul Gibbs
22-03-2010, 13:53 PM
I assume the possession order was following a section 21 notice?

The 6 week period runs from the date the possession order was made, not 6 weeks from 31 March 2010.

havensRus
22-03-2010, 16:18 PM
Just received my Order for possession and court costs. Tenants must leave on or before 31st March and pay court costs of £150 on or before 24th March. Don't hold out much hope of receiving court costs this week as they haven't paid their rent for 4 months! However, I know the tenants can apply to the Court for longer notice (up to 42 days). Can I ask how much time they have in order to request this extension - before 31st March?


If they think to try and stay the eviction, then yes, they can apply up to 31st March.





If they don't ask for an extension and don't leave, I will apply for a Bailiff's Warrant but notice on the end of the form it states that the defendant can apply to the court to stay the eviction and the judge will decide if there are grounds for doing so.

Yes. The judge then needs to consider the "reasons" for the request.

Most evictees (if I can use that description) will ignore the possession date, and just sit tight until a bailiff's appointment letter drops through the letter box. And if they really want to push the system, will then apply for a stay of eviction.




Surely if my paperwork is all in order, which it is as they have issued the order for possession, what's the worse that can happen now. Or am I getting it mixed up and the stay for eviction gives them up to another 42 days to leave?

Its not so much the paperwork at this stage, as to the story that the T can spin for requesting a stay of eviction. For example, someone recently used the reason that "they had found alternative accomodation, but it wasn't ready yet as a new boiler was being fitted the following week", so judge granted the stay.

As has been pointed out, the maximum period they will get through their shenanigans is 42 days from date original judgement was given.

davidjohnbutton
22-03-2010, 17:58 PM
Excuses I have heard to prolong date of eviction:-

1. Baby due near enough same time as original eviction date.
2. Dog or cat had/is due pups/kittens
3. Same as above - rabbits.
4. New house not ready (i.e. new landlord not quite ready to be fleeced/shafted yet!!!!)
5. We need a few weeks to pack our stuff.
6. We need to get a specialist in to move the aquarium containing our valuable fish (so why couldnt they sell them and pay the f***ng rent????)
7. My wife/husband's mother/father is ill and cannot be moved.
8. My wife/husband/child is ill with flu and is lawfully quarantined (during flu epedemic).

All were granted without ANY proof being presented!!!!!!