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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3665
Experience:  Solicitors 2 years plus PQE
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My friend had to move out of her late mums house today. The

Resolved Question:

My friend had to move out of her late mums house today.
The court gave possession on 30th May for my friend to vacate on 13th June 2014 at 4pm. she was to pay costs and also, “ to pay the sum of £1798 .32 for the use and occupation of***** accruing at a daily rate of £18.44 until the date of possession”. She has to leave tomorrow 12th August 2014. Does she have to pay just the sum of £1,798:32. Or does she have pay a further 61 days of occupation rate being from 13th June to 12/8/14
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi
Thank you for your question and welcome.
Who applied for the possession order?
Was the extended possession date agreed with whoever the court order was granted to?
Kind regards
AJ
Customer: replied 3 years ago.

HI the council won the possession order. The council then dragged its feet about giving a final date to move out the bailifs come tomorrow. My friend is tired and has giving up so is moving stuff out this weekend. Just need to know if one needs to pay anymore and how much more.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
The court order does say you friend is liable to pay on a daily rate until possession is granted. That would mean the accrual starts from the date possession is supposed to be given up until possession is actually given.
To be honest with you I would just try and pay the principle amount and nothing more and see if she can get away with not having to pay it. The council will have limited resources and will problem just be happy to get possession back.
Does she intend on paying the money tomorrow?
Kind regards
AJ
Customer: replied 3 years ago.

I think the plan is to await the council sending her an invoice for the occupation rate.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Even if you receive a demand for the whole amount she could still write to the council and try and negotiate a lesser amount.
They may take the view that they do not want to pursue someone to bankruptcy especially if the person concerned does not have the funds to pay.
I look forward to hearing from you.
Kind regards
AJ
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