Bailiffs – Third time lucky?

Bailiffs – Third time lucky?

by Readers Question

Guest Author

0:09 AM, 18th June 2024, About 2 weeks ago 17

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Hi, I have had a tenant for 10 years who was in rental arrears in 2022. After obtaining a possession order and bailiffs writ of eviction the tenant pleaded to be allowed to stay and said they would pay up.

I allowed the tenant to stay but by August 2023 they had not finished paying up so I activated the bailiffs again.

This was taken to court and the tenant was given till December 2023 to pay by the judge. They didn’t although they had paid over 70 percent at the time in December, but had not fully cleared it.

Now the tenants have entered into a breathing space which expired but before the breathing space ended they repaid in full all arrears.

I would like to evict after the long arrears issue as I don’t want this stress anymore.

If I get the bailiffs again would it be illegal?

Mike


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Comments

Cider Drinker

9:26 AM, 18th June 2024, About 2 weeks ago

If the possession order is in date, it should be fine. If not, start again with Section 8.

Why do you want them home now that the arrears are cleared?

GlanACC

10:30 AM, 18th June 2024, About 2 weeks ago

More fool you for letting them stay after the first episode. Tenants will say ANTHING to stay in the property. Had they have caught up on arrears BEFORE the possession order was granted then that might be a different case for some leniency BUT you should have acted on the first possession order (I think you now realise your error of ways, so I might be a bit hard on you).
Learn from this, when I first started I did furnished accommodation, after the scumbag in the property sold my new electrical goods (washing machine etc) and replace them with something she had bought of Gypsy Joe and then complained they weren't working I quickly learnt my lesson.

JB

10:59 AM, 18th June 2024, About 2 weeks ago

If your current notices aren't valid, serve a section 21 immediately while you still can. On fact serve one anyway as a back up

Mike L

11:24 AM, 18th June 2024, About 2 weeks ago

Reply to the comment left by Cider Drinker at 18/06/2024 - 09:26
I know they've cleared the arrears band have been consistent with their rent for 16 months now. Was consistent with the rent whilst paying up the arrears but I don't want the stress anymore. So need to know if the first possession order will now be invalid seeing there's no arrears. Thank you

John Hampton

12:08 PM, 18th June 2024, About 2 weeks ago

Reply to the comment left by GlanACC at 18/06/2024 - 10:30
Always keep a record of the serial mumbers of all appliances in rental and holiday accommodation otherwise you are open to replacement of appliances off Facebook / Ebay.

paul bell

16:30 PM, 18th June 2024, About 2 weeks ago

Reply to the comment left by Cider Drinker at 18/06/2024 - 09:26
He cant use a section 8 anymore as they have paid update to date now he would need to issuse a section 21 notice and wait fot it to go back to court again

A fedup landlord

17:21 PM, 18th June 2024, About 2 weeks ago

maybe consult with a bailiff, they should know if your first possession order is still valid for use. I believe a possession order lasts 6 months from the date it was granted.

GlanACC

17:57 PM, 18th June 2024, About 2 weeks ago

Reply to the comment left by A fedup landlord at 18/06/2024 - 17:21
Believe it or not its 6 years

Lee Day

18:06 PM, 18th June 2024, About 2 weeks ago

If the warrant was stayed then a general form of order was created with a set of terms for the suspension.

Read the terms.

If the tenant complied with the terms and paid what was stated it's not an enforceable order anymore.

If you executed another warrant you could be challenged and the tenant be allowed to re-enter.

Jonathan Willis

18:10 PM, 18th June 2024, About 2 weeks ago

As far as I know, once you have obtained a possession order is valid for 6 years, even if the original reason that got the order no longer applies. So you should be able to instruct baliffs to evict.

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