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What next after eviction order

13

Comments

  • GDB2222
    GDB2222 Posts: 26,880 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Jayh90 wrote: »
    Good evening. Can any help please tenant isn’t moving and is refusing to go. She as know said she’s got mental health issues and cancer. Can any advise if I go down the high court route witch I don’t have a clue on how to with this impact it

    Have you asked the county court bailiffs what their timescale is?

    Annoying as this is, you don’t want eviction until the new year, anyway. No tenants are looking to move before Christmas, and you’ll just end up paying council tax on an empty property if you evict right now.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • No matter how tempting it is, you should remember that going down the “unofficial” route is illegal, and comes with consequences.

    I have friends who took this approach and who now regret it.
  • Jayh90
    Jayh90 Posts: 25 Forumite
    Rather have it empty and pay tax as she owes me around 6k
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 3 December 2019 at 11:30PM
    Her mental health issues and cancer will not impact the final outcome now that you have a possession order. You don’t have to go through the legal arguments again unless the verdict is set aside (very rare).

    In theory if you decide to go the high court route the tenant could use it as grounds to argue against transfer from the county court as they need more time to arrange specialist onward accommodation. But that’s likely to produce a small delay, not the eventual result. If the county court bailiffs are backed up and there are significant arrears you want to collect, you would have a stronger case to argue for the transfer. But I suspect the tenant wouldn’t even turn up.

    Do what you’ve been told to - speak to the county court bailiffs about timescales, then decide whether to go through them or the high court route.
  • Jayh90
    Jayh90 Posts: 25 Forumite
    No I keep missing the half 10 deadline to speak to them. Bit of a pain I will ring them tomorrow and just see
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 December 2019 at 9:16AM
    Set an alarm on your phone for 9.30 or 8.30. However, remember that even bailiffs aren't keen on evicting someone the day before Xmas or during the holidays. I suspect you won't be able to get this person out of the property until the new year. To have accrued £6k arrears, this has to have been going on for some time. You might as well set your mind to having the actual eviction happen after the new year.
  • Jayh90
    Jayh90 Posts: 25 Forumite
    Tired ringing bailiffs today no answer couldn’t get in touch. Nothing is easy is it.
  • theartfullodger
    theartfullodger Posts: 15,966 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 December 2019 at 8:48PM
  • Jayh90
    Jayh90 Posts: 25 Forumite
    Good evening. After waiting months for a bailiff I had managed to secure a eviction date for this Monday the 13th. All seamed good after losing thousands in bills and unpaid rent. Well just had. A phone call from the court. The tenant as just got herself a court day for Friday to suspend the eviction. Talk about final hours. Anyways she’s saying she can’t become homeless due to her being on the streets with two dogs and she’s suicidal etc oh and liver cancer anyways what happens I’ve got a 10 minute hearing Friday. I can’t have this going on months and months June I was last paid
  • Jayh90 wrote: »
    Good evening. After waiting months for a bailiff I had managed to secure a eviction date for this Monday the 13th. All seamed good after losing thousands in bills and unpaid rent. Well just had. A phone call from the court. The tenant as just got herself a court day for Friday to suspend the eviction. Talk about final hours. Anyways she’s saying she can’t become homeless due to her being on the streets with two dogs and she’s suicidal etc oh and liver cancer anyways what happens I’ve got a 10 minute hearing Friday. I can’t have this going on months and months June I was last paid
    Just make sure that you have everything that you need, all of the facts at your fingertips, turn up on time etc. you don’t want to lose out through a silly mistake.
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