11:13 AM, 12th January 2016, About 6 years ago 13
Our tenants owes us in excess of £5000 in unpaid rent.
Is 11 months from possession date too long to instruct bailiffs?
We used the accelerated possession procedure to get a possession order, which was granted January 2015. The tenant then attempted to start paying the rent, so we held off instructing the bailiffs in the hope they could sort it out (Everyone Deserves a Second Chance), or so we thought. The tenant continued to accrue arrears, albeit at a much slower pace, so in December 2015 we instructed the county bailiffs to carry out a warrant, which was due to take place last week. The tenant got an emergency hearing the day before the eviction for an extension, supposedly due to not having enough notice.
IS 11 MONTHS NOT ENOUGH??
The judge wasn’t interested in the fact the tenant hadn’t paid the rent, so he gave us a choice.
Option 1: Grant the extension then wait another month before having to re-instruct bailiffs (We challenged this, at which point he provided Option 2):
Option 2: I will throw the case out of court completely – on the basis that 11 months have passed and you have taken rent from the tenant, thereby creating a new tenancy, which will invalidate the possession order you currently have in place.
We were disgusted by the approach the judge had taken but were forced to accept option 1 for obvious reasons.
Has anyone else every had such an experience?
Does this have any legal foundation?
Thanks in advance
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
Previous ArticleNotice time for tricky tenant Section 8 (10 11)
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|