Friday, 25 May 2012

Possession

Posted in: Need to Know | Ask the Experts

07/03/2011 5:26 pm

Michael Eastwood

Michael Eastwood

Posts: 2

A client was granted an Assured Tenancy.  A suspended order was made on grounds of Rent Arrears two years ago, and after the arrears increased, the client borrowed money and cleared the debt in full last month.  Is there anything this person can do to avoid eviction?

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Rick Campbell

Rick Campbell

Location: Macclesfield CHESHIRE
Posts: 416

07/03/2011 5:49 pm

Logic suggests that the arrears are cleared and the Court will not evict, Unfortunately, not all landlords and.or Courts are the same.

Please be advised of the following -- you are a new poster and may be viewed with suspicion by other posters especially as you use the word "client" which suggests that you are a professional of some sort OR you may be viewed as a potential 'agent provocateur'.

I would suggest that you 'google' housing advice agencies some of whom may provide immediate free advice, Hope this helps,

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David Quick

David Quick

Posts: 2

07/03/2011 10:52 pm

If the arrears and the court costs have indeed been paid in full then the L/Lord will not be able to take any further action as the Courts will view the order spent. In the unlikely event of an eviction date is being applied for the 'client' will be able to apply to the Court for a stay of execution, I would suggest your client approaches the court in question as well as the l/lord to make sure the position is clear. There may be instances where the L/Lord will try to enforce an order even if its cleared, albeit late, this is usually where the tenant has persistantly failed to pay rent. However the courts do usually side with the tenant where the debt has been fully cleared.

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poppy

poppy

Posts: 13

08/03/2011 12:22 pm

As I understand it, upon discharge, ie, once the CO (CCJ) has been met by clearing the arrears, the tenant can apply to the court for a Certificate of Satisfaction.

This should protect the tenancy as well as improve the tenant's credit rating.

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Anonymous

Anonymous

09/03/2011 11:02 am

In your post you say that your client has borrowed money to pay their arrears. Does this mean that, once the arrears are cleared and the CCJ removed, that they will again begin to default as they now owe this money to someone else and cannot afford their rent? Surely this will now result in the whole procedure being started again in a few weeks time?

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kass

kass

Posts: 629

09/03/2011 1:04 pm

anonym  11:02

"..Surely this will now result in the whole procedure being started again in a few weeks time?"

And so what if it does?

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Abimbola Badejo

Abimbola Badejo

Posts: 101

10/03/2011 11:26 am

The tenant can apply to the court to discharge the order for possession. The court costs must also have been cleared by the tenant. I am sure the possession order will also make clear that once the arrears and costs have been paid the landlord will not be able to take action relying on the order for possession.

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tags Accountability, advice, affordable housing, Allocations, antisocial tenant, arrears, Best Practice, care and support, careers, comment, complaint, council, councils, discrimination, discussion, eviction, HA renting, help, homelessness prevention, Housing, housing association, housing associations, housing policy, rent, urgent

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