Outright Order for Possession granted, plus a money order. Advice needed please.

[sandyman]

Hello everyone,

 

Yesterday my landlord was awarded an Order for Possession and I am supposed to vacate the property in 14 days.

 

I have three questions:

 

1. The judge awarded arrears to my landlord but did not subtract the £3,000 deposit the landlord currently holds from the outstanding arrears. Am I right in thinking this amount should have been deducted? (including costs, etc the money order was for almost £10,000).

 

2. If the money order should have taken the deposit into account, am I able to appeal against the judge's decision?

 

3. Lastly, if I do not vacate the property and return the keys on the date specified, I know the landlord can apply for a Warrant of Possession. How long does this process usually take and will I be informed if/or when a bailiff is due to visit?

 

Thank you

[Lea_HTH]

1. The judge awarded arrears to my landlord but did not subtract the £3,000 deposit the landlord currently holds from the outstanding arrears. Am I right in thinking this amount should have been deducted? (including costs, etc the money order was for almost £10,000).

 

2. If the money order should have taken the deposit into account, am I able to appeal against the judge's decision?

 

3. Lastly, if I do not vacate the property and return the keys on the date specified, I know the landlord can apply for a Warrant of Possession. How long does this process usually take and will I be informed if/or when a bailiff is due to visit?

 

1. No, you're not correct in thinking the deposit should have been deducted. A deposit is (or should be) held separately and cannot be used to off-set rent arrears until the eviction has taken place because it will be used for any disbursements first in relation to the tenancy - e.g. if there is damage, repairs etc to the property.

 

2. No.

 

3. You do not have to leave the property until the landlord applies for a warrant of execution (he already has a possession order); once he makes the application for the warrant of execution, the bailiffs will fix a date and will send (often they post them directly through the door) a Notice of Eviction, which will give you the date and time that you HAVE to be out of the property by. It is a bit foolhardy to remain after that date/time as the bailiffs have the power to throw you out and will lock all your belongings inside the property, only allowing you escorted access to get them thereafter. The Notice of Eviction could take several weeks after the date on the possession order, the shortest time usually being about 7 days...but can be as soon as two or three days if the bailiffs in your area aren't busy (unusual).

 

Your deposit should have been protected by the landlord and you should have been notified where it is protected (there are only three government approved schemes). If it has not been protected then you can return to court and make a claim to have it returned to you, though all that will happen in that instance is that if it is awarded to you it will actually be used to set-off the money judgment against you.

[Blade1987]

Following on...

 

What is the reason why the possession order was given?

 

Is your tenancy in a fixed term/ periodic? What type of notice did the LL serve you?

 

What is your objective would you like to stay in the property?

[sandyman]

Thank you both for your replies.

 

The Possession Order was given under Section 8 as rent had not been paid in three months. My tenancy is for twelve months and Notice was served just over two months before the court date.

 

Today I had a conversation with a representative of the landlord and offered to settle all arrears and all costs awarded by the Court in full immediately (around £10K).

 

The response from the landlord was simply that they do not wish to consider this offer and will be applying for a Warrant for Possession if I do not vacate the property on the date stated in the Possession Order.

 

Do I have any further options at this point?

[BRIGADIER2JCS]

The LL is probably thinking now if

you can afford 10K now why did

you not pay in the first place, now

they can get the money from you

and relet.

[Lea_HTH]

Thank you both for your replies.

 

The Possession Order was given under Section 8 as rent had not been paid in three months. My tenancy is for twelve months and Notice was served just over two months before the court date.

 

Today I had a conversation with a representative of the landlord and offered to settle all arrears and all costs awarded by the Court in full immediately (around £10K).

 

The response from the landlord was simply that they do not wish to consider this offer and will be applying for a Warrant for Possession (It's a warrant of execution) if I do not vacate the property on the date stated in the Possession Order.

 

Do I have any further options at this point?

 

You do not have any further options if possession was granted under s8 g8. You are going to have to move, but you do not have to leave until you receive the Notice of Eviction.

 

Whether you leave or not, you will owe the LL the money from the judgment.