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What does a bailiff do?

You are here : Member Forums Possession - Section 8 and Section 21 What does a bailiff do?
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A bailiff executes the order for possession (ie the execution of warrant for possession of land). They do not have the power to order something as such. They only implement the order of the judge who orders the possession of a certain property must be given up on or before a stated date.

That leaves us with the dilema:

When does the tenancy end? Does it end on the date stated on the possession order (expiry date) or does it end when the bailiff executes the warrant?

My encounter with RLA determines that it ends when the bailiff evicts the tenants. The other landlord association differs on this view (ie they say, it ends on the expiry date of the possession order).

The implication:

Taking RLA position would mean that the landlord can carry on accepting normal rent (beyond the final leaving date on the possession order) and therefore no new tenancy is created (therefore no new obligation is imposed on the landlord with regards to statutory compliance).

Taking NLA position, on the other hand, would mean that should the landlord accept normal rent, it would create a new tenancy and all the statutory obligation with regards to a new tenancy would apply.

17/01/2018 13:37

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