LL giving us a week to move but we've paid arrears

JK28

Can anyone please help. We had a possession order to move out of our privately rented home for September. We sent in a defence claim asking for more time. We were then sent an eviction order for 16th October. On 7th Oct we received money we had been waiting a long time for and rang the LL who agreed if we cleared the arrears (£2720) and continued paying the rent each month (£850) then he would see how we were going and let us stay. We cleared all arrears and paid the rent for Oct to Nov6th on the 8th Oct. Have felt like a weight lifted and even started planning decorating etc as we have this extra money to spend and also my husband has a job and things were looking good for the first time in years.
Today I received a call from the letting agents who stated they had been trying to call me since last Thurs 10th Oct. I checked all numbers and email with the agent and they were all correct. He said he had left loads of messages on our answering machime (we dont have one). he said the LL still wants us out and the bailifs are still coming on Wed 16th. Now the LL is right next door building a new house so my husband just came from work so he spoke to him and he told us no I still want you out but if you promise me you'll go by next wed 23rd Oct then he'll call the bailifs off wed. Can he do this?? we thought we would have to receive a new eviction notice giving us 2 months notice?? He also stated he needed our house to use the electric and facilities while building the new house.
Any help would be greatly appreciated right now please.

anselld

The court ordered your tenancy to be ended by issuing the possession order. From there it is a matter of timing. Unfortunately I don't think you can resurrect your tenancy rights by settling the arrears once the Court has ordered possession to the LL.

JK28

so do you think we only have the week to move then? the original possession order was for arrears but now they are paid up can we not ask for more time? we dont mind moving but there is just nothing going at the moment in our area. can we not apply to the county court for a stay of execution tomorrow?

chuckley

i dont get why u thought u had 2 more months notice after the courts told you to leave?

I think the LL just said whatever he needed to say in order not to lose out. so now u've paid, he wants rid. I dont see why u think they would let you stay when theyve had to go to court for 3 months arrears.

try and negotiate slightly more time like a month if you can.

JK28

we thought last tues we were staying after paying the arrears off so we were completely shocked today to find out he's still going ahead after he told us he wasnt. We just thought that maybe he would need to now evict us with a new notice giving us 2 months,well we were hoping really. can he evict us on the grounds of wanted to sell using the same order that was for arrears?

Benji

Was it a conditional possession notice under section 8 of the 1988 Housing Act, or was it under section 21?

Did the court order you to pay the landlords court fees? Did you?

FWIW, landlord is either cutting you a little slack or not as efficient as he could be. If I chose to, I could have High Court Enforcement Officers removing you from the property by the 23rd - Monday if you are inside the M25.

JK28

It was a section 21 and it stated that the LL wanted us to pay the fees which we have done

spacey2012

That is a huge amount of arrears, I think any Landlord would want you gone before it happens again.

JK28

It is a huge amount but there were circumstances that led to it building up but we've cleared the lot and now my husband has a good job, we are not opposed to moving we just need to know if its right he can give us a weeks notice or if we can get more time

Benji

Then, so far as the law is concerned, you weren't evicted for rent arrears. You were evicted because you were out of contract and the landlord wanted his property back.

The possession order didn't say "out by the 16th unless you pay £xxx arrears" it just said "out by 16th".

Paying the arrears was the right thing to do and has saved you getting a county court judgement, presuming the landlord would have pursued you through the courts.

If you stay in the property beyond the 16th then the landlord will have to organise bailiffs. Most landlords use the county court bailiffs which will take at least 2 weeks from the 16th, but probably considerably more. You will be liable for their £110 fee. However, the LL could refer it to he high court for enforcement. In that case, expect to be out within a fortnight if not sooner. They are more expensive but I don't think you are liable for their fees.

JK28

Thank you Benji, at least we know and we'd better start packing!!