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  • FIRST POST
    • DaffodilThursday
    • By DaffodilThursday 4th Jun 17, 8:12 PM
    • 4Posts
    • 0Thanks
    DaffodilThursday
    Repossession - 28/56 days to vacate
    • #1
    • 4th Jun 17, 8:12 PM
    Repossession - 28/56 days to vacate 4th Jun 17 at 8:12 PM
    My home is going to be repossessed. I have my court appearance on Monday. I am not contesting the repossession order as I have no assets and currently no income.

    Reading about possession orders, I understand that the court will give me at least 28 days to vacate my flat. However, it seems that sometimes this can be as much as 56 days before I would be required to move out.

    Does anyone have any experience of being granted the longer period? It would be very helpful to have 56 days to move out and I was wondering if anyone knows under what circumstances this might be granted?

    Thanks for your help.
Page 1
    • ToxtethO'Grady
    • By ToxtethO'Grady 6th Jun 17, 12:40 AM
    • 38 Posts
    • 17 Thanks
    ToxtethO'Grady
    • #2
    • 6th Jun 17, 12:40 AM
    • #2
    • 6th Jun 17, 12:40 AM
    Speak to Shelter and also contact Civil Legal Advice to see if they can put you in contact with a housing solicitor.

    In my experience it is usually extended to the 56 days if you are looking to sell your property or you have found somewhere else to stay but need a longer period for it to be made ready. It is on an individual basis and I once spoke to someone who got the 56 days because he had no-one to help him move or transport so had to get some money together for a removal firm.

    The organisations above would give the best advice around this.

    http://england.shelter.org.uk/get_advice

    https://checklegalaid.service.gov.uk/scope/diagnosis/n43n7
    • macman
    • By macman 6th Jun 17, 11:09 AM
    • 40,880 Posts
    • 16,686 Thanks
    macman
    • #3
    • 6th Jun 17, 11:09 AM
    • #3
    • 6th Jun 17, 11:09 AM
    Bear in mind that if the creditor successfully requests that the possession order be transferred to the High Court for enforcement, then repossession can proceed immediately without notice to the tenant.
    No free lunch, and no free laptop
    • ToxtethO'Grady
    • By ToxtethO'Grady 7th Jun 17, 9:10 PM
    • 38 Posts
    • 17 Thanks
    ToxtethO'Grady
    • #4
    • 7th Jun 17, 9:10 PM
    • #4
    • 7th Jun 17, 9:10 PM
    You can still apply for a stay of execution or suspended possession as they should have been contacted by the landlord before the High Court Enforcement Officers (HCEO)...don't believe 'Can't pay we'll take it away' they're as unsure of the law as the tenants they evict. There has to be contact from the landlord before the writ has been granted to state that they are thinking of taking it to the High Court.

    Its when tenants or mortgagees ignore this that it ends up as HCEOs,surprisingly, turning up. The roof over your head should always come first and that's how the court sees it.

    Once the High Court Enforcement Officer is instructed, he will proceed with the enforcement based upon your instructions and the nature of the occupants. With Trespassers, they will generally be given short or no notice of eviction whereas Mortgagees or Tenants will generally be given 7 days’ notice, unless the circumstances are such that they shouldn't.

    https://www.hceoa.org.uk/faqs/do-you-need-the-services-of-a-high-court-enforcement-officer

    • ToxtethO'Grady
    • By ToxtethO'Grady 7th Jun 17, 9:12 PM
    • 38 Posts
    • 17 Thanks
    ToxtethO'Grady
    • #5
    • 7th Jun 17, 9:12 PM
    • #5
    • 7th Jun 17, 9:12 PM
    Bear in mind that if the creditor successfully requests that the possession order be transferred to the High Court for enforcement, then repossession can proceed immediately without notice to the tenant.

    The OP has said they are going to the hearing so all of the above will, hopefully, not apply as they'll get the time they need.
    • ToxtethO'Grady
    • By ToxtethO'Grady 17th Jun 17, 3:58 PM
    • 38 Posts
    • 17 Thanks
    ToxtethO'Grady
    • #6
    • 17th Jun 17, 3:58 PM
    • #6
    • 17th Jun 17, 3:58 PM
    How did you get on OP?
    • Geoff1963
    • By Geoff1963 17th Jun 17, 6:58 PM
    • 263 Posts
    • 146 Thanks
    Geoff1963
    • #7
    • 17th Jun 17, 6:58 PM
    • #7
    • 17th Jun 17, 6:58 PM
    This is what Shelter found happened :
    https://england.shelter.org.uk/__data/assets/pdf_file/0020/236342/Turning_the_tide_FINAL.pdf
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