Suspended & Stayed Orders

Nowadays, it is seen that in more and more cases where courts are granting to claimants the possession of the properties, that they also suspend or stay the actual operation of the orders.

CONDITIONAL PERFORMANCE

If the defendant fully complies with the terms of the suspension, usually requiring them to
 
pay the current rent instalments plus the stated monthly amount of monies against the accrued arrears; then the possession order cannot be enforced.
 
Whilst you may be successful in securing a possession order, the harsh reality is that there is a tendency of the judicial process to grant you possession and then suspend the order, providing the tenant meets conditions which are typically to pay their rent and some arrears.
 
Possession orders are suspended in 42% of hearings, this is why we say issue a Section 21 notice as your alternative plan. This is because the judge has no right to grant a suspension when the Accelerated Possession route is used.
 
Should the tenant then breech the order (The Courts send Notification in form N24 / N28 / N28a stating payment to be made usually Rent + some arrears)
 
If the Tenant does not comply with the conditions of a suspended possession order, (miss a payment) you can apply for a bailiff's appointment straight away. There isn't normally another hearing  
  • Court Form Request for Warrant of Possession of Land but NOTE when completing the form it states - You must inform the court immediately of any payments you receive after you have sent this request to the court - Use common sense, if the breech is £50 then they could pay £50 after Bailiff application to nulify claim.

Reasonable Behaviour

  • As always the  Tenant have right of Appeal to minimise the chances of a successful appeal consideration should be given as to allowing two breaches of the order before one applies (this reaffirms reasonable behaviour on the Landlords part). At the same point the breech does mean you are eligible to apply the day after the breech.