axil23 Posted December 30, 2011 Report Share Posted December 30, 2011 My T has bucked up but still has some outstanding. I would like to give him another month. Court case is in 2 weeks, what would be the best way to change the date and delay it by a month or two? Link to comment Share on other sites More sharing options...
Grampa Posted December 30, 2011 Report Share Posted December 30, 2011 I dont know if you can but I would still go ahead with the hearing. After all you dont have to enforce the eviction order but if you dont or give her a bit more time/chance DONT PUT IT IN WRITING. Link to comment Share on other sites More sharing options...
axil23 Posted December 31, 2011 Author Report Share Posted December 31, 2011 I dont know if you can but I would still go ahead with the hearing. After all you dont have to enforce the eviction order but if you dont or give her a bit more time/chance DONT PUT IT IN WRITING. Say if I go ahead with the hearing and get a eviction order how long do I have to enforce it? The court will give them 2 or 4 weeks to move and can I still evict them 3 months down on the same order? Link to comment Share on other sites More sharing options...
Grampa Posted December 31, 2011 Report Share Posted December 31, 2011 I think that would be ok but wouldnt want to leave it longer that that. LAW would be the best person to ask, send him a pm. Link to comment Share on other sites More sharing options...
axil23 Posted January 2, 2012 Author Report Share Posted January 2, 2012 I think that would be ok but wouldnt want to leave it longer that that. LAW would be the best person to ask, send him a pm. Will do. Thank you Link to comment Share on other sites More sharing options...
LLAW96 Posted January 3, 2012 Report Share Posted January 3, 2012 You will appreciate I do not know the background to this matter, however the court has wide powers to manage cases; 1. You could merely notify the court that you would like to adjourn the matter to the first open date after say 14 days and why. There is no need for a formal application in this instance. 2. You could ask the court to adjourn the matter generally with liberty to restore, in this case the matter will remain on the court list but no further date will be set. If your tenant defaults again you can ask for the claim to be listed for a further hearing. Courts are usually content to adjourn generally for up to 12 months after 12 months the claim is usually struck out. 3. You could attend court and seek an order based on the facts of the case, from the tone of your post I take it that you have been left with a discretionary ground. You will also be seeking a money judgment and fixed costs. You have 6 years to enforce the order albeit if you obtain an order based on a discretionary ground your tenant has the right to apply to the court to postpone and or vary the order and suspend any warrant that you apply for. I hope the above helps. Link to comment Share on other sites More sharing options...
axil23 Posted January 3, 2012 Author Report Share Posted January 3, 2012 You will appreciate I do not know the background to this matter, however the court has wide powers to manage cases; 1. You could merely notify the court that you would like to adjourn the matter to the first open date after say 14 days and why. There is no need for a formal application in this instance. 2. You could ask the court to adjourn the matter generally with liberty to restore, in this case the matter will remain on the court list but no further date will be set. If your tenant defaults again you can ask for the claim to be listed for a further hearing. Courts are usually content to adjourn generally for up to 12 months after 12 months the claim is usually struck out. 3. You could attend court and seek an order based on the facts of the case, from the tone of your post I take it that you have been left with a discretionary ground. You will also be seeking a money judgment and fixed costs. You have 6 years to enforce the order albeit if you obtain an order based on a discretionary ground your tenant has the right to apply to the court to postpone and or vary the order and suspend any warrant that you apply for. I hope the above helps. Yeah that is perfect. I spoke to the county court this morning and they advised me that its £40 to adjourn if the other party agrees and £80 if they do not. I think the best option would be to fight the case and get the possession order? As of the date of hearing he would still be 2 months in arrears. Link to comment Share on other sites More sharing options...
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