Postpone possession up to 6 weeks

If a tenant wishes to postpone the date for possession, they may ask the court for up to six weeks if exceptional hardship would be caused under section 89 Housing Act 1980. In addition, the court may not hold a hearing to determine exceptional hardship at any time on or after ... Please login or signup to continue reading this...

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Set aside Possession Order

An order for possession may be set aside by the court if one party fails to attend a trial. [CPR 39.3] Note: The word “trial” is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore if a possession order is granted at the initial “hearing” and the tenant fails to attend, they will normally be allowed to set aside that decision without having to...

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Set aside Possession Order

An order for possession may be set aside by the court if one party fails to attend a trial. [CPR 39.3] Note: The word “trial” is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore if a possession order is granted at the initial “hearing” and the tenant fails to attend, they will normally be allowed to set aside that decision without having to...

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Adjournment, suspension and stay possession proceedings

THIS PAGE IS CURRENTLY UNDER CONSTRUCTION A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article attempts to explain the law of adjournments and postponement of possession. Accelerated Possession Procedure Claim Struck out, Refused or Dismissed After possession order awarded Accelerated Possession Procedure Where a landlord...

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