mo999 Posted December 13, 2007 Report Share Posted December 13, 2007 Hello all, Could someone please help me. I obtained a possession order in March 2004. I then never acted on it for various personal reasons unrelated to the tenancy. I now wish to evict the tenant. I have continued to collect rent but I did not give any further tenancy. Can I still act on the Court Order and apply for Bailiffs or must I start the procedure again. I am truly grateful for any assistance. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted December 13, 2007 Report Share Posted December 13, 2007 try it what have you to lose except the bailifs fee (i think £80) Link to comment Share on other sites More sharing options...
mo999 Posted December 13, 2007 Author Report Share Posted December 13, 2007 try it what have you to lose except the bailifs fee (i think £80) Thanks, I wonder if anyone knows the legal view point. Link to comment Share on other sites More sharing options...
pugsy Posted December 13, 2007 Report Share Posted December 13, 2007 Did I read that right, MARCH 2004?! I think by still collecting rent for the last 3 1/2 years you have inadvertantly created another tenancy and I'd be very surprised if you could evict now without giving full notice again. In fairness if your tenant has been paying all this time and if they have caused no other trouble it would be unfair to try to sling them out, I think the law would be against you here and you would need to serve the proper notice, ie section 21. Of course, I could be wrong... let's see what other responses you have. Link to comment Share on other sites More sharing options...
mo999 Posted December 13, 2007 Author Report Share Posted December 13, 2007 Did I read that right, MARCH 2004?! I think by still collecting rent for the last 3 1/2 years you have inadvertantly created another tenancy and I'd be very surprised if you could evict now without giving full notice again. In fairness if your tenant has been paying all this time and if they have caused no other trouble it would be unfair to try to sling them out, I think the law would be against you here and you would need to serve the proper notice, ie section 21. Of course, I could be wrong... let's see what other responses you have. Thank you. I share your views. I think I have waived my right to enforce the Order by continuing to collect the rent. I thought there may be some legal ruling that might allow me to still apply for eviction. Thank you for your comments. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted December 13, 2007 Report Share Posted December 13, 2007 No Problem .issue S21 and wait 2 months..."hopefully" T will leave job done ! if they dont then you will need court order to shift them Link to comment Share on other sites More sharing options...
mo999 Posted December 22, 2007 Author Report Share Posted December 22, 2007 thank you for your help.... Link to comment Share on other sites More sharing options...
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