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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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Have been granted a suspended possession order under Section

Resolved Question:

have been granted a suspended possession order under Section 8 and the terms for my tenant clearly state in this order that the first rent arrears payment should be made on 26 April 2016 but they did not pay this until the evening of 29th April, does this mean they are in breach of the Court order and if so can I do anything about this now being it is the 4th May
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this. Yes, you can ask the court bailiffs to evict the tenant. You do not have to give your tenant notice of this although the bailiffs will warn him in advance.
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Customer: replied 1 year ago.
Can i still request a bailiff given that they paid the arrears 3 dsys late ie evening of 29th April and it is now 6th May i believe my solicitors may have missed the opportunity to game n possession this way due to the time period
Expert:  LondonlawyerJ replied 1 year ago.
You can but when they get notice of the bailiff they may be able to get the eviction suspended. When does the fixed term end?
Customer: replied 1 year ago.
It ended on 25th April so they are now in a periodic renancy
Expert:  LondonlawyerJ replied 1 year ago.
If the object was to get the property back you might have been better off going under s 21 rather than s8 and bringing a separate claim for arrears of rent. It may be that even now the simplest thing is to issue a s21 notice but you should check with your solicitor as he will have a better idea of local practice and the likelihood of the tenants succeeding in avoiding eviction.
Customer: replied 1 year ago.
Hi sorry now in the office so easier to type.We issued both a section 21 and Section 8 notice on the same day but he section 21 expired after the Section 8 so we proceeded with Court action under the section 8 for rent arrears as the tenants had not paid from December right up until the Friday before the Court hearing on 20th April and were by then under 2 months in arrears. At the Court hearing on the 20th the judge handed down a suspended possession order (copy attached) which clearly states the tenants had to pay the monthly rent on the 26th April which they did plus the arrears of £666 on or before the 26th April which they didn't. Have also attached copies of my email correspondence with my solicitors of yesterday along with 2 further emails dated 22nd April.Basically my solicitors are saying because there is already a suspended judgement under a Section 8 they will not now go back on the Section 21 until after 3 months as by then the tenants should not by then be in arrears. However, given that the tenants already made the first payment late under the Section 8 judgement should my solicitors have not already proceeded in appointing the a bailiffs - this is the point I actually need clarity on.BestPolly

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