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Question

After the Court Order — and Eviction (England) | Ending a Tenancy (England) | England

Accepting rent arrears payment after possession order granted.

30 Nov 2021 | 1 comment

We have an landlord who has obtained a possession order for 10.12.21 which was granted via section 8 using g8, g10, g11. However, there is a possibility the tenant may be able to pay a large chunk of the arrears (if not all)  the arrears via an discretionary payment from the council. Does accepting any payment before the tenant vacates jeopardise the the possession order in place? The landlord still wants the tenant out and is trying to persuade the tenant to apply for a council discretionary payment which would be in her benefit as it would cancel the CCJ granted and also so she could receive a reference stating that there were no rent arrears when she vacated the property.

Answer

1 Comment

  1. guildy

    Accepting rent is fine (in fact, the court order will say the rent has to be paid).

    However, we’re familiar with this type of discretionary payment, and it will no doubt be conditional on the tenant being allowed to remain. If accepted on that basis, the landlord will be bound to let them remain.

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