[ Reply | Next | Previous | Up ]

Re: Court Order - Do i need one?

T1: adam church
Date: 23 Apr 2003
Time: 08:40:27
Remote Name:
Remote User:


Hi Mr Sandhu,

With the current housing issues regarding government tenants it is true that many tenants on waiting lists are told to remain at the property after the expiry of their notice requiring possession because once a landlord has applied to the courts and had a possession order granted the tenants are then placed on the emergency housing list and can be found housing quickly. It is a ludicrous idea but it seems many associations are operating in this manner today.

My suggestion is to get everything in place to take the necessary court action and list a schedule of all of your costs including lost rent for the property during the time the tenants stay after the notice expires and a percentage rate added on to this in accordance with the bank base rate.

I think you will be looking at a standard possession order with an attached claim for money which will be presented through the small claims court.

You MUST be sure of your tenancy agreement though before you take any action and be confident that it conforms to UK legislation. In 99% of cases you will have a standard assured shorthold tenancy and this should present you with no problems if there are no other outstanding issues/disputes over the agreement.

Good Luck

Adam Church (property manager) (if you need any more help i can be contacted at adam@josephalexander.co.uk)

Last changed: April 23, 2003