Court Possession Order

Bluebird00_2

Hi

Really hope someone can give me some advice here.

I lost my job back in the Autumn last year and fell behind with my rent. I let the letting agency know my situation and repayment plan but I suspect that they did not pass the information on to my landlord. I also don't believe they told him when I found a new job.

I was then told that I had been served with a Section 22/8 which my landlord claimed I signed for (I did not). I asked for a copy of this and a copy of my signature but none was forthcoming.

As I heard nothing else and brought my arrears up to date I presumed the matter was over.

However, today I have received a phone call from a property management agency about inspecting the property when I move out on 11th February.

I told them that I was not moving out but when I contacted the letting agency they have told me that I have been served with a court possession order and must be out by 11th February otherwise I will incur costs and a visit from the bailiffs.

The property is unfurnished and is full of my possessions and I have paid rent up to the 20th February.

Does anyone know where I stand legally?

Thanks in advance.

silvercar

CAB and Shelter for advice.

In the meantime:

May be worth ringing the court to see if the case has actually been to court and has awarded the landlord possession.

Section 8 seeks possession from when you have 2 months rent owing. There has to be 2 months rent owing (ie the day the second months rent is due) at the time the notice is served and at the date of the court hearing.

Section 21 gives you 2 months notice to leave either at the end of the tenancy (if you are still in a fixed term) or in 2 months time (to end on a rent day) if your tenancy is beyond the fixed term and now periodic.

All assuming you are in England or Wales and you pay your rent monthly.

clutton_2

ring the court immediately and tell them that you have had no correspondence at all and would they consider a re-hearing.

Premier_2

Have a word with your local Royal Mail Office - you do seem to be failing to receive a subtantial amount of mail.

e.g. the notice the LL sent you.
The notice the court would have sent regarding the hearing.
The judgement the court made as you didn't attend
etc.

Perhaps you might want to involve the police too.

Bluebird00_2

silvercar wrote: »

CAB and Shelter for advice.

In the meantime:

May be worth ringing the court to see if the case has actually been to court and has awarded the landlord possession.

Section 8 seeks possession from when you have 2 months rent owing. There has to be 2 months rent owing (ie the day the second months rent is due) at the time the notice is served and at the date of the court hearing.

Section 21 gives you 2 months notice to leave either at the end of the tenancy (if you are still in a fixed term) or in 2 months time (to end on a rent day) if your tenancy is beyond the fixed term and now periodic.

All assuming you are in England or Wales and you pay your rent monthly.

How do I find out which court it was heard at?

I have told my letting agency that I know nothing about a court hearing but am still waiting for them to come back to me.

Bluebird00_2

Premier wrote: »

Have a word with your local Royal Mail Office - you do seem to be failing to receive a subtantial amount of mail.

e.g. the notice the LL sent you.
The notice the court would have sent regarding the hearing.
The judgement the court made as you didn't attend
etc.

Perhaps you might want to involve the police too.

I asked for copy of my signature a number of times as my landlord said I had signed for this but as mentioned in my first post he was unable to supply it.

franklee

Section 21: He probably did serve this. many landlords/agents do this as a matter of routine to all tenants near the start of the tenancy (nicknamed the Sword of Damocles, it's a way to by pass having to give the tenant notice later on when the landlord decides he wants the tenant to leave). So check the paperwork you were given near the start of the latest/last fixed term you are/were in, a S21 it may be in there.

Section 8: You would need to have been two months late with rent before this was served.

A section 21 / section 8 does not require your signature but tenants are often asked to sign to provide proof of receipt.

Court action: You should have received papers about this, the chance to respond and attend the hearing.

It's possible there was no Section 8 or court proceedings and the landlord/agent is just making it up.

Ask to see the possession order and as silvercar says ring the court, CAB and Shelter.

Also put your objections, that you did not receive any of this correspondence, in writing to the landlord and the agent asap. Put a request to see it now in writing. Do not rely on just phone calls. You need your side down in writing so as to start collecting proof.

clutton_2

the court hearing has to be the nearest civil county court to where you live