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    • helpneeded2017
    • By helpneeded2017 7th Jun 17, 2:50 PM
    • 9Posts
    • 0Thanks
    Possesion Order Question
    • #1
    • 7th Jun 17, 2:50 PM
    Possesion Order Question 7th Jun 17 at 2:50 PM
    Hiya all,

    Need some help for my brother,

    My brother has a rental contract that ends on July 2nd, he has signed a contract for a new house which he is due to move in on September 1st- it is cheaper- he has two children a one year old and a three year old.

    He has rental arrears of £2250 but has put a plan to the LL which would see these gone by September 1st when he moves. This was rejected by the LL and the last correspondence was that he had said he would try and see if he could get the September date earlier, he has just returned to full time work following suffering severe depression following an attack on him ( that has been investigated by Police so has a ref ) I am of course worried about him from a mental state point of view

    Yesterday he received a possession court date for July 20th ( request made on June 1st )

    I am going to offer my help in his defense but have a few quick questions now ( as unsure ):

    - Can a possession movement be made when he had a letter from LL stating for him to move on July 1st ( dated 05/06 so after the possession order application was made )and we are not at that date yet? The section notice he was given was for July 1st as well, He has not refused to move as the date has not been reached
    - Is it likely he will be made homeless bearing in mind he will be moving out by September 1st and the rent arrears will be paid by then?
    - The LL did not protect his deposit on time and lied in writing to him he had before admitting he did it 200 days later than he stated, is it worth putting in a letter now asking for the deposit ( in full ) + compensation is taken off the arrears owed? Is there a templateicon letter for this?

    Many thanks
Page 2
    • G_M
    • By G_M 11th Jun 17, 3:04 PM
    • 39,643 Posts
    • 45,145 Thanks
    Well there you are.

    * yes, I'd enter that letter into the defence. The court won't take kindly to it.

    * and as advised, take precautions against harrasment and an attempt at illegal eviction. Get that letter recorded on a police file. Even if they take no action now (very likely at this stage), it means when he dials 999 on the 3rd, they'll have a record of it.
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