Are Councils legally allowed to force a Tenant to challenge/appeal a repossession order already issued?Make Text Bigger
I recently had to seek an eviction order to repossess a property on grounds of Section 8, ( substantial rent arrears) and dereliction of the property. The order was granted and as tenant failed to leave, bailiffs were booked to call. This was due to done on Wed 14th, 2017.
On Monday the 12th, June, I got a phone call from my solicitors that the tenant has applied to have the order to be suspended and the hearing was scheduled for Tues, 13th June, 2017. I was worried and had to seek the services of a Barrister to represent me. The case was thrown out in my favour as the order issued was mandatory and according to the Judge presiding he did not see any way a mandatory order can be suspended!
The worrying part is that the tenants were force to file this unnecessary and futile action. The tenant’s action was endorsed by a Council Officer and according to tenant, was paid for by the Council, from the taxpayer’s pockets!
I incurred an unnecessary cost of Barrister, my time and a severe anxiety. There is hardly any chance of recouping the arrears or the costs as tenants are on benefit. This action by the Council is also a severe blow under the belt as we always work with the local Council and a very substantial number of our tenants are referred to us by the Council and I have worked with the Council to provide accommodation for homeless people referred by them!
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