Search the Community
Showing results for tags 'court order'.
Found 2 results
Urgent application for order for sale
chrissie_g posted a topic in Legal AdviceI need to apply for an urgent order for sale of a property I own jointly. I live in the property and finance it; other owner moved out years ago and has been very difficult. Now we have a buyer they refuse to sell, hence urgency. I have been advised that I will be granted an order no problem as it is straightforward decision. To which court should I issue the application? I know it has to be a county court but which one is best for an urgent application? I am in the North West/ Manchester area. Thanks
Advice on repossession and bailiffs
Natalie Chung posted a topic in Other AdviceHi everyone. I am new to the forum and am seeking some advice from others who have been unfortunate enough to go through a similar experience as the one that I am having to deal with now. To provide a bit of background: I help my parents manage their property, which was let on a new AST to a family with 2 children starting end of Dec 2016. The tenants were current with rent the first 3 months, then several weeks late with rent the following 2 months and, as at today, owe my parents 5 months' rent. The tenants have lied about their financial affairs throughout, been evasive and non-contactable when our agents have tried to contact them and to compound it all, we found out by chance at the beginning of August (when there was already 3 months' rent outstanding) that both the husband and the wife had been declared bankrupt by another creditor. Our solicitor served a s.8 notice on the tenants when there was 2 months' rent outstanding and as this was still the case at the court hearing on 31 August, the judge granted my parents a possession order for the tenants to vacate the property by 15 September. The tenants did not attend the court hearing but we did and we notified the tenants, through our managing agent, of the judge's order. Due to the court's backlog, the court order was not issued and received by the tenants until 16 September, which is slightly ridiculous as this was the day after the tenants were meant to have vacated the property! Our solicitor did not receive a copy of the court order until 18 September. We applied for a bailiff appointment date on 18 September as the tenants had not vacated the property as required by the court order. However, on 19 September, our solicitor was informed by the court that the tenants had applied to extend the possession date on the basis that they had not been able to arrange alternative accommodation yet, did not received the court order until 16 September and had 2 children. Our solicitor submitted a letter of objection with various grounds on which we were opposing the tenants' application ahead of the second hearing on 28 September. At the second hearing, the judge unfortunately granted a conditional order, which was that the possession date would be extended to 12 October on the basis that the tenants pay a daily occupational charge commencing from the day after the date of the conditional order until the day the tenants actually vacate the property. To date, the tenants have not paid a single penny of the daily occupational charge. Our solicitor notified the court at the start of this week that the tenants had breached the terms of conditional order and we would like to make a bailiff appointment date but was told by a court clerk that the bailiff for the area was on annual leave until 13 October and no appointments could be made until his return as he was the sole bailiff. I find this completely farcical as my parents are now left without recourse and the tenants are making a mockery of the legal system and the conditional order, particularly as we have done everything by the book. We are going to be filing a complaint with the court but our solicitor has said there is nothing else we can do. Does anyone have any useful suggestions on how else we can expedite the eviction process? Any feedback based on similar experiences would also be welcome. Thank you.