Will the Judge issue a possession order whilst tenant is in Hospital?

Will the Judge issue a possession order whilst tenant is in Hospital?

10:54 AM, 21st July 2014, 12 years ago 13

I purchased a flat to let a couple years ago. We have had the same tenant in for the full period.

Although there have been several months of late payments, he has generally not been a problem. He has always suffered with kidney problems and this has left out of work on occassions, hence the late payments.

In February 2014 he became so unwell that he was no longer able to work and we have now not received any rent for the period of March – July.

Our letting agent started the eviction process and we now have a court date set for the possession order. In the meantime the tenant has suffered a stroke and is now in hospital for the foreseeable future. He has applied for housing support, however the council will only pay one third of the rent and on top of that he did not back date his claim to March, only to June.

My question is will the Judge issue a possession whilst he is in Hospital? We were advised that a judge would not, but given that he could be in Hospital any amount of time this seems unreasonable.

I don’t want to appear heartless, but having covered the mortgage now for several months I simply cannot continue afford to do this any longer and if the Judge suspends possession until the tenant is out of Hospital it could financially cripple me!

If anyone has any advise or has been in a similar situation it would be great to hear from you.

Many thanks

ChrisHospital


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Comments

  • Member Since July 2014 - Comments: 3

    9:28 AM, 23rd July 2014, About 12 years ago

    Reply to the comment left by “Adrian Jones” at “23/07/2014 – 09:17“:

    Thanks Adrian, that’s interesting. He is a single male with no dependants in a one bed flat, so this could explain the low entitlement.

    Our court date is in a couple weeks so I will provide an update on the outcome then.

    Thanks

    Chris

  • Member Since July 2013 - Comments: 305

    9:38 AM, 23rd July 2014, About 12 years ago

    Reply to the comment left by “Chris James” at “23/07/2014 – 09:28“:

    I also have a single male, late 40s, with no dependants in a one bed flat in Bath and receive the full rent of £500pcm from the Council.

    Might be worth having a word again with your Benefits office.

  • Member Since December 2013 - Comments: 86

    1:24 PM, 23rd July 2014, About 12 years ago

    Under 35 or over?

    Under gets shared room rate; over gets 1 bed rate LHA.

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