Possession Order gained but problems persist!

by Readers Question

14:18 PM, 23rd February 2021
About 2 weeks ago

Possession Order gained but problems persist!

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Possession Order gained but problems persist!

After a lengthy wait to gain possession through the courts from a tenant who has not paid rent since February 2020 we finally succeeded in gaining a Possession Order on 29th Jan 2021. The arrears are significant at over £15,000 and we had hoped to be able to get moving, clear up the place and recoup some rent ASAP.

However, two things are in the way – the local council, who have advised the tenant to stay put until the bailiffs arrive and yet further court delays. In order to be exempt from the national eviction ban, a form has to be submitted N244 to the court to request the exemption.

This case should definitely be exempt as the rent arrears are over 6 months, but the form was submitted 2 weeks ago, and we haven’t heard anything back from the court.

This feels like a further limbo period of unknown duration following many such periods in the last 12 months. We have had the case transferred to the High Court to allow High Court bailiffs who don’t have the same current delay times as the County Court bailiffs, but they can’t write and give notice until the exemption from the eviction ban is made official.

Does anyone have any suggestions?

Or has anyone else succeeded in getting the exemption any other way?

Many thanks in advance

Leigh

Comments

NewYorkie

14:47 PM, 24th February 2021
About 2 weeks ago

I will be extremely interested in your outcome. I have a tenant who simply stopped paying in April (despite having more income than me!) as well as serious ASB. I hope to get to court within 2 months, but then how to evict him?

terry sullivan

14:59 PM, 24th February 2021
About 2 weeks ago

report council to housing ombudsman--they are in breach of a court order= criminal offence? contempt of court?

and h o has repeatedly told councils to rehouse as soon as possession order obtained

Northernpleb

22:52 PM, 24th February 2021
About 2 weeks ago

In reply to Leigh
Please be careful what you do. Exemption From Eviction procedure could be another Government Trap. Your application has to go back to the Judge for yet another hearing. Yet Another Chance for Costly delay.
In my case the Tenants received a Large Notice from the Court Advising them it is not too Late, Get free Advise Phone this Number for Free Help. Solicitors may have even put their flyers in the Pack. The message is clear.
` It Cost You nothing Rent Dodging Scumbag, so give it A GO.`
In my case about a week after I was informed it had gone back to the Judge I received a lengthy Defence and Counter Claim for Compensation and to set my possession Order aside. 9 weeks after it was issued. for possession and over £10000 in rent arrears.
During the whole process 6 Months in total the tenants never turned up, or submitted any evidence. and even sent a lot of papers return to sender.
This was my situation , but it appears to be the standard off the shelf delaying defence.
` We never received any paper work at all.`
You made A Civil Procedure Code Mistake.
A counter Claim for Repairs. (You Know Nothing About.).
The Court orders a 15 Minute hearing . There will not be enough time for him to look at it. And I will now need to Go to trial. Which Could be Months down the line. My Tenants are now on Legal Aid laughing at me living rent free, Whilst my Legal Fees are Racking up.
If you Transfer your Case to the High Court , You may have to have a trial in the High Court if they lodge any form of defence or counterclaim.
I hope it does not happen to anyone else but I think it may become the norm. The Judge knows if the Possession Claim qualifies for exemption when he issues it. So why does it have to go back to the Judge again when they ignore the order and you need to instruct the bailiffs


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