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Section 8 court hearing

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  • theartfullodger
    theartfullodger Posts: 15,707 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 May 2022 at 2:13PM
    3card said:

    3card said:

    The hearing was yesterday so the 14 days notice only started yesterday so its only fair and legal to let her have the 14 days notice that the court have issued for her to leave.
    Obviously if she is still there in 15 days the bailiffs will be actioned

    I messaged her yesterday of the hearing result and her first reaction was that to leave in 14 days is impossible. My reply was shes had almost 3 months since the the S8 so its not really 14 days to find somewhere, its an additional 14 days
    Thatcher's 1988 Housing Act s5(1) grants the tenant the right to remain until bailiffs arrive - see..
    https://www.legislation.gov.uk/ukpga/1988/50/section/5

    #### 5 Security of tenure.
    - (1) An assured tenancy cannot be brought to an end by the landlord except by—
       (a) obtaining—
    ....(i) an order of the court for possession of the dwelling-house under section 7 or 21, and
    ....(ii) the execution of the order,

    - etc  etc    ####  - "execution" in this context being bailiffs/HCEO. 

    What landlord would argue with tenant's rights granted by Thatcher, as you seem to be doing? 

    In my earlier post I humbly enquired if you'd applied for HCEO, you replied apparently thinking it some qualification.  HCEO are High Court Enforcement Officers and can be (less so recently) quicker & more effective in eviction.

    Best wishes to all.
  • 3card
    3card Posts: 437 Forumite
    Part of the Furniture 100 Posts Name Dropper
    A small update.

    The tenant has today text me asking for a good reference so she can find somewhere. I

     have no idea where her thinking is but how can a landlord give a good reference after the landlord has got a possession notice by going through the legal process
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