A STAY OF EVICTION

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G
Good Taste
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A tenant of mine stopped paying the rent some months ago; they are now 8 months in arrears. We sent the relevant forms, went to court and the tenant didn’t show up.

The court issued a possession order for the tenant to leave by 20th Feb on Grounds 8 (which is a mandatory ground; rent arrears.) The tenant didn’t move out.

We have a date for the bailiffs to remove the tenant on 14th May. However, today (8th May) I have received a phone call from the court saying that the tenant has submitted an N244 form and that I need to attend court on 11th May.

I have had a look at the N244 the tenant filled and under the question;
‘3. What order are you asking the court to make and why?’
the tenant has written:
‘Stay from an eviction’

Am I right in thinking that the Judge doesn’t have the power to postpone eviction beyond 6 weeks of the date of the possession order if the possession was granted on mandatory grounds?

The possession order was for 20th Feb, this was 11 weeks ago.

Thanks so much! I really need help in what to say to the judge in a few days time.

08/05/2018 19:20

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