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KNLL
02-04-2010, 10:04 AM
I am about to submit my slip to the courts to get a possession order date. The local authority which my tenant is seeking help from has said the longer the tenant stays in the property the more chance she has of securing a a house with them instead of going into a HMO. She has 3 children and been a good tenant so of course I do not wish to see the children suffer hardship. I am thinking that a house with a paying tenant in as long as possible has got to be better than an empty house bringing no revenue to help pay the mortgage. So my question is after a date for possession has been set by the courts and it expires how long do I have to make contact with the court bailiffs as I am thinking of keeping T there until I have a offer on house and heard from buyers solicitor and then asking for the bailiffs and hopefully in the meantime my T will have secure housing from the local authority. They have already accepted a duty to house her and the children and she is currently a A band and just missed out on a property last week with them (the local authority told me this).

Abraham
02-04-2010, 18:52 PM
Hi,

Have you taken the accelerated route? i.e. by issuing a s.21?

May I warn you that on the facts given, the tenant may try and set aside this order, on grounds of exceptional hardship (as she has children) and may have a good chance of winning.

I would say you request everything from your local authority in writing where this is possible.

In reply to your question I believe you can apply for a warrant for possession (instructing the bailiffs) after the day of the possession has been given. E.g if it was the 2nd of April, you can submit the warrant on the 3rd April. It usually takes 4-6 weeks. I do not know if there is a time limit for doing this. Call up your county court bailiffs to ask this info.

(However, general time limits are usually 6 years. Anyone on here please correct me if i am wrong)

Good luck!

Ab

Snorkerz
02-04-2010, 19:09 PM
May I warn you that on the facts given, the tenant may try and set aside this order, on grounds of exceptional hardship (as she has children) and may have a good chance of winning.

Can you give some background on this? I was under the impression that s21 was mandatory providing the process was correct and requirements met. I also believe that the longest a judge can give the tenant to pack up & move out is 42 days (but normally 14).

Abraham
03-04-2010, 15:19 PM
Can you give some background on this? I was under the impression that s21 was mandatory providing the process was correct and requirements met. I also believe that the longest a judge can give the tenant to pack up & move out is 42 days (but normally 14).

CPR 55.18 (postponment of possession), I believe.

Please correct me if I am wrong here. Snorkerz, where did you get 42 days or 14 days come from?

Snorkerz
03-04-2010, 15:42 PM
CPR 55.18 (postponment of possession), I believe.

Please correct me if I am wrong here. Snorkerz, where did you get 42 days or 14 days come from?I am not going to correct you, because on the surface you are right.

However - my 14-42 days was obtained from 18 months reading this delightful site. Ironically, whilst researching CPR 55.18 I came across the Housing Act 1980 (section 89) which states:


the giving up of possession shall not be postponed (whether by the order or any variation, suspension or stay of execution) to a date later than fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused by requiring possession to be given up by that date; and shall not in any event be postponed to a date later than six weeks after the making of the order. (http://www.statutelaw.gov.uk/content.aspx?LegType=Act+(UK+Public+General)&title=housing&Year=1980&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1899692&ActiveTextDocId=1899744&filesize=2035)

KNLL
03-04-2010, 18:08 PM
Right, I have looked more closely at my paperwork from the court and it says I have 3 months from the date the defence form was submitted to my tenant to send in the slip or the claim will be stayed. So am going to go on a week by week basis on the situation.

jeffrey
04-04-2010, 14:10 PM
The 1980 Act does not override the 1988 Act by which - s.9(6)- the Court has no discretion and cannot stay/suspend/adjourn if it is satisfied that L is entitled to possession and the application is under either:
a. s.8, on g1-8; or
b. s.21.

maisie
06-04-2010, 12:23 PM
I have a similar situation with a Section 8 Possession Order.
We have a Court Order, but have not instructed the Bailiffs to gain Possession yet.
Does anyone know if there is a time limit please?

havensRus
06-04-2010, 18:29 PM
I have a similar situation with a Section 8 Possession Order.
We have a Court Order, but have not instructed the Bailiffs to gain Possession yet.
Does anyone know if there is a time limit please?

see this thread (http://www.landlordzone.co.uk/forums/showthread.php?t=27415) for info on time duration of warrant