Need Help Slightly Confused Quite Worried EVICTION!!!

Glowie2k2_2

Ok
it's a long and probably confusing story but I shall try to condense it.

I am still living at home with my mum as me and my b/f have not yet saved enough to move out. However it appears the decision to move is going to be taken out of our hands.

My mum recently received a notice of eviction stating that we need to be out by the 12th January at 11am. We got this on the 22nd of December.

We are going to fight this but I am not sure what can be done. So the advice I need is on what happens after we are evicted (if that happens) and what I need to do.

I have an appointment on the 4th January to speak to the Housing Advice at my local council but I am wondering if there is anything else I can do to prepare myself.

Also I have no savings and about £1000 left to pay on my credit card.

Any advice would be greatly appreciated and I hope that this post isn't too confusing.

Thanks,

P.S I really hope this is the right board to post on

Ignite

Who is this notice from? Is it from the landlord or from his mortgage company? In either case, there are proper procedures that have to be followed.

In the case of a landlord, he has to have given you a properly filled in Section 21 notice that gives you at least 2 rent periods (months if you pay monthly) notice. The section 21 notice is only asking for the property back, not evicting you. If you didn't move out on the date stated on the section 21, he would then need to go to court to gain possession. This can take months. If he forces you out of the property without a court order, then it is an illegal eviction which is a criminal offence.

If it is the landlords mortgage company who have gained a court order, then there are procedures that they should have followed. They should have written to the occupier before the repossession hearing at the court to inform you that they were looking to repossess the property. This would have given you time to contact the court and the mortgage company to let them know that you were living there as a tenant. Not all landlords rent out their property with the mortgage companies permission so they might not have known that you were living there. That is why the letter is always sent out to the occupiers. If this eviction notice is the first contact you have had with the courts and mortgage company, you need to get in touch with them ASAP ie today if possible. Let them know that you are living at the property and see if you can sort something out.

I hope this helps.

bryanb

More details please.

clutton_2

has your mum been able to pay all of the rent in recent months ?

tbs624

Glowie2k2 wrote: »

Ok
it's a long and probably confusing story but I shall try to condense it.

I am still living at home with my mum as me and my b/f have not yet saved enough to move out. However it appears the decision to move is going to be taken out of our hands.

My mum recently received a notice of eviction stating that we need to be out by the 12th January at 11am. We got this on the 22nd of December.

Sorry to read that you have had this hanging over you both across the Xmas period.

As bryanb says, if you can offer some further info other posters can make more usefully targeted suggestions

Is the property in Eng/Wales, or in Scotland.

As another poster has asked - *who* is the Notice from?

What exactly does the Notice say, ie what are the "Grounds" listed?

Is your mum's tenancy still within a Fixed Term period or is it running from month to month after the original Fixed Term finished?

Does your Mum have rent owing to the LL?

Has there already been a Court hearing?

G_M

And add to the list of questions:
Is you mum a private tenant, council tenant / Housing Association, MOD, or tied housing (ie job related)?

Hump

Don't panic - more detail would be helpful but the following might help if you're worried about posting more (feel free to PM) - assuming you're in england ......

Assuming 11am on the 12th January is the bailiff's appointment then what you (or more correctly your mum) does next depends on what type of tenure your mum has - which is why further info is necessary. If she owns the home and the mortgage company/ loan company is repossessing or if she is a council or housing association tenant then the chances are she will be able to apply to the court to have the warrant suspended on terms. If she's a private tenant where the landlord has served a s21 notice then she won't be able to do this (with any realistic chance of success).

If 11am on the 12th is anything other than a 'warrant of eviction' - and you'll know because warrants are sent out by your local county court - then don't plan on going anywhere on the 12th.


Your meeting with the council on the 4th will probably involve them trying to facilitate / persuading you to rent somewhere privately. They probably won't provide you with any substantial help unless you have children (or are expecting children) or are disabled (or seriously ill).