View Full Version : Suspension of a Warrant for Possession
06-12-2011, 20:38 PM
On August 12th I won a possession case and my tenant was given 42 days to leave. He didn't and I applied for a bailiff who is due to attend on Monday. In the meantime my tenant has applied for a suspension of the warrant for three weeks on the grounds that he has a new property to go to in early January. This case will be heard on Friday.
How can I contest this appeal?
The tenant has had nearly four months to find alternative accommodation and feel this is more than adequate.
Any advice would be greatly appreciated.
06-12-2011, 20:43 PM
I forgot to mention that I bought the case as the contract had ended and I didn't want to keep the tenant as the rent was not paid in the correct manner (dribs and drabs) but not due to rent arrears.
42 days is the maximum time a judge can allow, the bailiff should be able to evict.
07-12-2011, 07:42 AM
I would suggest that you say that without prejudice to your contention that the application for a suspension of the warrant be dismissed you will consent to a suspension for three weeks provided mesne profit equivalent to all arrears of rent and scale costs and court court fees incurred are paid into court by noon on Monday 12th.
07-12-2011, 07:43 AM
What happened to the bailiffs' Christmas amnesty?
07-12-2011, 08:23 AM
The amnesty was not court driven but merely that the bailiffs didn't make appointments to chuck people out past mid december
07-12-2011, 20:29 PM
Thanks for the replies. I am confident that any sensible judge will dismiss this case as you correctly say you cannot have an extension on the 42 days.
It seems that my tenant's legal aid barrister is feathering his own nest as he must know this.
I will let you know what happens on Friday.
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