The claimant has leave to entry without further order?

The claimant has leave to entry without further order?

0:03 AM, 25th April 2023, About 10 months ago 7

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Hello, I have received a court order that says: The claimant has leave to entry without further order if the defendant defaults.

I have a property in Brighton and the tenant has not paid rent for 11 months. Since I started the possession proceedings, the tenant has used tactical allegations every time he attended the hearings.

After the defendant had failed more than once in filing and serving his defence, the court had to issue an order which stated: The defendant to file and serve his defence by 12 May 2023. In default, the defence henceforth be struck out and the claimant has leave to entry without further order. Matter adjourned for directions hearing to 10 July 2023.

I am not sure what I could do after the deadline of 12th May if the tenant defaults. Any help from the Property 118 community would be greatly appreciated.

Thank you,

Adam


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Comments

David Houghton

9:54 AM, 25th April 2023, About 10 months ago

Safest option is assume you can ask the court for a final order of possession without a hearing. This would give you the required order for possession. Alternatively you could "mistakenly" tell the tenant he has to go and hope he does.

GlanACC

11:02 AM, 25th April 2023, About 10 months ago

Afraid you have until 10th July to wait and see what happens and hope tenant doesnt get Shelter of Generation Rent involved. Sounds like what I call a professional tenant who has had plenty of advice, quite likely they will use the new mental health excuse for not replying to the court. Good luck but dont be suprised if it still goes pear shaped

Judith Wordsworth

11:07 AM, 25th April 2023, About 10 months ago

Ring the Clerk of the Court and ask.

They cannot advise you but will explain what the Order means and what the procedure is eg

If the Tenant files his defence by the May date then a hearing date in July. If the tenant doesn't file then you have legal right to enter the property without another court Order.

Ask the Clerk does tenant defaulting on the judicial direction give you possession after the 13th May?

David

18:49 PM, 25th April 2023, About 10 months ago

It may mean that you can apply directly for bailiffs. Check with the court bailiffs office.

Adam King

11:27 AM, 26th April 2023, About 10 months ago

Reply to the comment left by David at 25/04/2023 - 18:49
Dear David thanks for your thoughtful comment. The date set by the court for the defendant to comply/default, which is the 12th of May, is exactly 28 days from the date the direction was made in the hearing. My interpretation of "on the defendant's default the claimant has right to entry without further order" is that it amounts to an outright possession order. I do not see any ambiguity in it and that means I could ask the court for a warrant of possession if the tenant defaults and does not vacate the property by then. I believe that the 10th of July hearing would be to make judgement regarding the cost and the rent arrears, which by then would exceed £14k. It is unlikely I could get any of this money back from such a predator tenant . Meanwhile I will ask the court advisor and the bailiff office for their interpretation. I have the court phone number and email address but I do not have any information on how I can contact the bailiff office. Any idea? As a first-timer and a litigant-in-person I greatly appreciate your thoughtful feedback.
Adam

Adam King

11:32 AM, 26th April 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 25/04/2023 - 11:07
Dear Judith Wordsworth thanks for your thoughtful advice. The date set by the court for the defendant to comply/default, which is the 12th of May, is exactly 28 days from the date the direction was made in the hearing. My interpretation of "on the defendant's default the claimant has right to entry without further order" is that it amounts to an outright possession order. I do not see any ambiguity in it and that means I could ask the court for a warrant of possession if the tenant defaults and does not vacate the property by then. I believe that the 10th of July hearing would be to make judgement regarding the cost and the rent arrears, which by then would exceed £14k. It is unlikely I could get any of this money back from such a predator tenant . Meanwhile I will ask the court advisor, as you have advised, and also the bailiff office, as David suggested, for their interpretation of the order. I have the court phone number and email address but I do not have any information on how I can contact the bailiff office. Any idea? As a first-timer and a litigant-in-person I greatly appreciate your thoughtful feedback.

Adam King

11:44 AM, 26th April 2023, About 10 months ago

Reply to the comment left by David Houghton at 25/04/2023 - 09:54
Dear David Houghton thank you for your thought, however, the order clearly stated "on the defendant's default the claimant has right to entry without further order" which means without any ambiguity I do not need any further order to repossess the property if the defendant defaulted after the court has given him 28 days to comply after he had failed to comply twice before. I believe this direction amounts to an outright possession order. Meanwhile, I will ask the court advisor and the bailiff office for their interpretation, as advised by Judith and the other David, before asking the court for a warrant of possession if the tenant defaults and does not vacate the property by then. I have the court phone number and email address but I do not have any information on how I can contact the bailiff office. Any info on this? As a first-timer and a litigant-in-person I greatly appreciate your thoughtful feedback.

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