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Jul, 2014

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  1. #1

    Default How long does a Court order for possession last?

    Following succesful sec 8 process, Ive been awarded a N26 possession order for a rented house that I own. Possession date has now passed and T is still there but she is now saying that she wants to stay and will try to pay rent arrears asap. Rather than try and trace a runner, I would rather keep her where I can see her (providing of course she does pay the rent and arrears) but what happens to the N26 if I let her stay?

    Does it expire after a certain time ?

    Does it become null and void if accept further rent payments - As I understand it, the possession order has nulified the tenancy so if I accept any further rent I will establish a new tenancy to which the original N26 will not apply ???

    Would I be better off accepting monthly payments as repayment of debt and not accept rent until arrears have been paid ?
    Should I get the bailiffs to chuck her out and take my chances on enforcement of arrears repayment ?
    Thanks

  2. #2

    Default

    You cannot be serious - but just in case you are:

    Should I get the bailiffs to chuck her out and take my chances on enforcement of arrears repayment ?
    Thanks
    YES!

  3. #3
    Join Date
    Apr 2008
    Posts
    280

    Default

    The tenant will remain a tenant until you apply a Warrant of Possession is executed by the Court Bailiff.

    I believe that if you don't grant a new tenancy then you can apply for the warrant whenever you want to (obviously only after the date the Court ordered the tenant to give up possession by).

    I'd give her a chance, if she doesn't stick to the agreement ask the Courts for a warrant.
    ****************************************

    If you are unsure about what to do seek professional Legal advice.

  4. #4

    Default

    Quote Originally Posted by House View Post

    I'd give her a chance, if she doesn't stick to the agreement ask the Courts for a warrant.

    She hasn't stuck to the agreement for the past 4 months or so - that was chance enough. Time for an eviction.

  5. #5
    Join Date
    Mar 2008
    Location
    Stevenage UK
    Posts
    1,241

    Default

    Quote Originally Posted by harry1001 View Post
    She hasn't stuck to the agreement for the past 4 months or so - that was chance enough. Time for an eviction.
    I agree, this isn't exactly a strong statement anyway;

    Quote Originally Posted by sting2 View Post
    ...... will try to pay rent arrears asap ....


    Is it a business or a charity, why go to court in the first place?

  6. #6
    Join Date
    May 2005
    Location
    Stoke on Trent
    Posts
    1,538

    Default

    She is clutching at straws and will say anything to stay! get her out asap before you lose anymore money!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

  7. #7

    Default

    Yup - I know it - time to chuck her out. Any advice wrt steps to take to maximise chances of getting back rent from her once shes gone ? BTW I think I know where she works and I do have her bank details .... so attachment of earnings perhaps.

  8. #8
    Join Date
    Nov 2007
    Posts
    654

    Default

    Quote Originally Posted by sting2 View Post
    Yup - I know it - time to chuck her out. Any advice wrt steps to take to maximise chances of getting back rent from her once shes gone ? BTW I think I know where she works and I do have her bank details .... so attachment of earnings perhaps.
    You can also consider a third party order, where you freeze her bank account and recover the money in the account against the arrears.

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