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james bruce
james bruce, Solicitor-Advocate
Category: Law
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Experience:  Owner at James Bruce Solicitors
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The tenant is an able bodied single man in his early

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The tenant is an able bodied single man in his early forties. He is an unemployed hairdresser claiming universal credit. Section 21 notice served has been served for possession at the end of his AST (four months hence). He has indicated he will not leave on the date his AST ends. An accelerated possession order will be applied for. Will the judge have any reason to give the tenant extra time to vacate?

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Sorry to hear of the problem

Yes, if the possession order is granted then the tenant would normally be given 14-28 days to leave.

If he still remains after that, then you would still then need to return to the court to seek the warrant to evict. Once that has been formally served, he will have 14 days to leave or bailiffs can then remove him.

Customer: replied 19 days ago.
could there by any reason why the judge would not grant the possession order?please have a look at the last email I have from the tenant, he is pretty sure the reasons in the email will protect him from eviction, here the email:
I hope you are well and thank you very much for your advise .
It is polite way to answer back for your email, and after you give it to me that letter I inform you and please read extremely carefully that email.
No one in this time give in rent for people's on universal credit, no work, they want saving ,more than 6 months rent ,and like a gay person and because inside me I feel woman and I have days when I dress up like a woman is save that area for me.So situation is very difficult, I will not have a place in October to move out .Is a very difficult situation for me. So in October I will be more than happy to meet the judge and fix that situation. I'm not scared being in the court and meet the judge ,of course is not a pleasant situation .And of course I will be happy to move out from that flat in another in the same area ,because this flat with this furniture extremely dirty ,I tried a lot to clean and maintain in good higine level.
Customer: replied 19 days ago.
the area he is referring to is Soho LONDON
Customer: replied 19 days ago.
also he is mentioning to be in a depression and take pills
Customer: replied 19 days ago.
do you see any reason why a judge would let him stay?
Customer: replied 19 days ago.
notice 21 was served

It appears as if he is trying to say he will claim discrimination because he is gay and dresses as a women. The toe are separate matters. Gats do not necessary dress as the opposite sex.

I can see no reason why the court could not grant you the order if it is justified for you to take e possession of the property.

Customer: replied 19 days ago.
the AST is ending 5th of October. section 21 notice was served 2 days ago

That is the correct notice to serve under the current covid19 law.

Customer: replied 19 days ago.
4 month since 1st of June again

That is correct.

Customer: replied 19 days ago.
letter handed to him with a wittness

That all sounds fine.

Customer: replied 19 days ago.
thank you, ***** ***** he stays and continues to pay rent, can I accept the rent payment or better to not accept or even return it. I heard accepting rent may influence the eviction process, because the agreement goes into periodic tenancy

Do not accept the rent, as you say, it could mean your acceptance of a periodic tenancy.

Customer: replied 19 days ago.
ok, but can I later claim the rent back when he got evicted?

You would need to make a money claim against them for the extra time and most likely the costs to evict him.

Customer: replied 19 days ago.
thank you, ***** ***** rating to come, have a nice evening

Your very welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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