Order of possession granted- What do I need to do next?
3 years ago | 11 comments
Will possession order run out after a certain length of time?
12:02 AM, 28th July 2023, 3 years ago
5
Hello, I have recently been granted (from the local council) a possession order and the tenant should have moved out in May – however I have been working alongside the tenant and the local emergency homeless council worker who is trying to find her some housing so that she doesn’t actually become homeless and end up on the streets.
She has health issues etc and if possible I would not wish that upon her. The homeless officer has not been forthcoming with any accommodation as of yet although we are in constant contact and I do understand that accommodation of any kind is not readily available- I’m just wondering if there is a deadline in which I have to instruct the bailiffs?
Will this possession order just run out after a certain length of time? I definitely do not want any more expense and have to go through the repossession route all over again – thanks for any advice.
Helen
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Member Since November 2020 - Comments: 4
3:49 PM, 28th July 2023, About 3 years ago
Hello, please expalin, ‘…been granted (from the local council) a possession order. It is my understanding that a Possession Order can only be issued by a County Court.
Member Since January 2018 - Comments: 6
3:57 PM, 28th July 2023, About 3 years ago
Reply to the comment left by Shahie at 28/07/2023 – 15:49
Sorry you are correct – possession order from local court has been granted – too late to edit the original post – thanks for pointing my obvious error ?
Member Since November 2020 - Comments: 4
4:45 PM, 28th July 2023, About 3 years ago
OK so you’re already commented ‘The homeless officer has not been forthcoming’ and whilst you haven’t served a Warrant of Possession (possession warrant allows bailiffs (called Enforcement Agents) to evict any occupiers) the council are unlikely to provide accommodation. Under CPR 83.3(3), any such writ or warrant will be valid for 12 months from the date of its issue;
When the Bailiffs attend, provide the tenant the paperwaork, only then will the council be forced to act.
Member Since January 2018 - Comments: 6
5:38 PM, 28th July 2023, About 3 years ago
Reply to the comment left by Shahie at 28/07/2023 – 16:45
Thanks for the info -but do I need to instruct the bailiffs within 12 months of the court hearing ? (April 2023)
Member Since April 2022 - Comments: 31
12:44 PM, 29th July 2023, About 3 years ago
Reply to the comment left by Helen Houston at 28/07/2023 – 17:38
Yes if the validity period is 12 months then the act of eviction will need to be carried out wthin the period the writ is in force. You cannot instruct enforcement on day 365 as the writ will would be lapsed on day 366.
Appears the council is taking advantage of your good nature if I am reading correctly.