Question

After the Court Order — and Eviction (England) | Landlord Wants Tenant to Leave (England)

Bailiffs coming tomorrow but tenant submitting a N244

23 May 2017 | 1 comment

After 2 court appearances and possession orders granted, the bailiffs are booked for an eviction tomorrow morning at 9.45am. However the local housing authority have just telephoned to say the tenant (who has not attended any court hearings or filed a defence) is now submitting a N244 to effectively cancel the bailiffs. What is our next step? Do we have any rights?

Answer

1 Comment

  1. guildy

    This all depends on what grounds the application notice contains and what is being asked for. You should ask the local authority for a copy after it has been submitted – or contact the court and ask to go down and pick up a copy.

    We assume you obtained possession on mandatory grounds (either section 21 notice or section 8 for 2 months arrears).

    If they are applying to set aside on the grounds of some defect in the notice then we would need to know more information about what is being said.

    However, more likely, is that they are simply asking for extra time. The maximum allowed is up to 6 weeks. However, it is no longer possible for the court to grant extra time because any hearing to determine the extra time must be held before the date given for possession (the date in your original order when they should have left by before you sought the bailiffs). As a result, it will be impossible to seek extra time on the grounds of exceptional hardship.

    Please see this article for full details and print it for tomorrow so you have the Civil Procedure Rule available.

    We’ve had this situation a number of times and on occasion, the bailiff has waited in the court waiting room to see the outcome. Assuming the tenant fails, the bailiff will then literally drive to the premises at that time and execute the warrant. I don’t know if that will happen in this case but it has happened with us in the past.

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