Can I place court order eviction on hold again?

by Readers Question

10:42 AM, 26th March 2019
About 4 weeks ago

Can I place court order eviction on hold again?

Make Text Bigger
Can I place court order eviction on hold again?

I have a question regarding a section 21 eviction. I have a court order for an eviction which was granted in 2017 before the bailiff turned up we agreed with the tenant that we would put on hold as they had paid up the arrears. At the time we were told we could reapply to the bailiff anytime within 6 years for the order to be executed.

The tenant has got into arrears again and the bailiff is booked for this Friday. The court desk told us that if we do not carry out the eviction this time we cannot go back again in the future to ask for the order to be carried out again at a later date.

Is this information correct or can I stop it and place on hold again

Many thanks in advance

Derek



Comments

Chris Daniel

8:39 AM, 27th March 2019
About 4 weeks ago

I would think in the interests of fairness that you probably wouldn't be able to use the veiled court order threat a 3rd time. - and
I would certainly not even be contemplating the notion.

When you see the ' writing on the wall ' that you have a bad tenant, swift action is required, and to be followed through.
I've seen too many Landlords regret not taking the prompt action when they could have.

Freda Blogs

9:24 AM, 27th March 2019
About 4 weeks ago

There's a case reported in Nearly Legal this week with a similar issue; I can't speak to all the facts and its application to your case, but worth a read. It addresses Estoppel which is a legal principle (google it if unfamiliar) and looks as though could be relevant here.

Neil Patterson

9:38 AM, 27th March 2019
About 4 weeks ago

From Paul Shamplina of Landlord Action >> https://www.property118.com/member/?id=190

"Hi Derek

I spoke to the legal team at Landlord Action and they advised that the courts generally will not let you suspend it a second time based on an order that expired sometime previously. You have to take a commercial view on the tenant, will he go in arrears again in the future, what’s the risk? Or are you better off with proceeding with eviction, or come to some sort of financial arrangement of future funds being paid in a separate bank account, as you would most probably have to start fresh possession proceedings in the future.

You have 6 years to enforce it, so that seems correct.

Paul"


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

What on earth are you waiting for?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More