Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
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
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