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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have commenced proceedings in the courts of

Customer Question

I have commenced proceedings in the courts for eviction of my tenant who is in arrears of rental, we have now issued judgement form as no defence from tenant and we are waiting to hear from court
The local authority have now made payments towards the rental which with the payments now received the arrears of still over £10,000 will this payment affect the court case and stop the eviction or should I return funds to local authority
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have they applied to stay the eviction please?

JACUSTOMER-rcbdvv76- :

not to my knowledge

Alex Watts :

Ok - then you do not need to worry

Alex Watts :

If there has been no application for a stay, then the eviction will still go ahead

JACUSTOMER-rcbdvv76- :

do I accept the payment from the local authority in respect of the rent

Alex Watts :

If it clears the arrears then yes

Alex Watts :

If it does not clear the arrears then the evict will still go ahead

Alex Watts :

It needs to clear arrears and costs.

Alex Watts :

Does that help?

JACUSTOMER-rcbdvv76- :

as stated I have applied for judgement as no defence received waiting to hear from court as to when eviction will take place

Alex Watts :

Yes indeed.

Alex Watts :

So as long as there is no stay for an eviction you will be fine.

JACUSTOMER-rcbdvv76- :

what if there is a stay of eviction

Alex Watts :

If there is an application for a stay the Judge will decide whether to suspend the eviction on payment of current rent plus a sum towards arrears

Alex Watts :

There will be a hearing so you can make representations as to why it should go ahead

JACUSTOMER-rcbdvv76- :

what if the court decides to suspend eviction but tenant or lo cal authirty cannot pay all the arras will eviction take place

Alex Watts :

If the Court suspends the eviction and the stay is not complied with, you apply for another eviction

Alex Watts :

If the eviction is suspended you need to apply for a new eviction if they break the terms of that suspension

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-rcbdvv76- :

if the eviction is stayed and money for rent not paid \I presume I can ask for the eviction to proceed if so do I just apply to court can you confirm I do not have to start the process again

Alex Watts :

You have to ask for a new eviction.

Alex Watts :

You do not start the process again

Alex Watts :

You just ask for a new eviction date

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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