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Repossession stay order

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Author Topic: Repossession stay order  (Read 74 times)
Newbie
Posts: 4

I like property

« on: November 12, 2020, 12:48:33 PM »

I am looking for advice, I have a tenant who hasn't paid a penny in rent since 02/01.

I have served Section 21, the court approved and got to stage of possession order and the whole process was put on stay due to Covid.
3 months have since passed since receiving the stay notice but I have had no further advice on what to do or how to get this tenant removed from my property.

I have also served a money notice which has been accepted and a CCJ has been served, I realise I have no hope of getting a penny in arrears but I need the advice to move this situation on before I suffer financial hardship.

Thanks

Sr. Member
Posts: 466

I like property

« Reply #1 on: November 12, 2020, 01:31:37 PM »

The claim was stayed before you were awarded an order for possession, or you got the order, but couldn't execute it due to COVID-19?

If you hadn't gotten the order yet, you need to serve a reactivation notice. If you had the order but not a warrant, comments below the article linked to suggest you can just apply for the warrant normally.

Of course, if you're in England, there's no actual eviction (bailiffs or HCEOs) at the moment due to lockdown 2.0.
Newbie
Posts: 4

I like property

« Reply #2 on: November 12, 2020, 02:08:52 PM »

Thanks for the advice, just need to establish whether the order  executed or not to see which way i proceed
Sr. Member
Posts: 466

I like property

« Reply #3 on: November 12, 2020, 02:19:09 PM »

An order for possession being executed in this context means bailiffs or HCEOs actually evicting the tenant.

Section 21 or 8 -> court claim -> order for possession -> warrant for possession -> eviction.
Newbie
Posts: 4

I like property

« Reply #4 on: November 13, 2020, 05:24:57 PM »

The last document from the court was General form of Judgement or order.

It states this claim is stayed by operation of CPR Practice Directions 51.2 until October 30th 2020

How do i progress this ??
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