neighbour being evicted, HELP!

jenhug

do you think then, other than appealing to the LL's good nature, we have no chance of turning it around?

jenhug

penguin83 wrote: »

As others have said you can apply to the court to suspend the eviction using Form N244 and there is a £40.00 court fee. You can apply for remission if you are in receipt of certain benefits or on a low income. Link to the form to complete and further info on remission here. If you think you will qualify for fee remission but do not have time to get the proof that the court requires then you will need to pay the court fee, keep the receipt and you will then have 6 months to apply for a refund.

The application will get you a hearing date before a Judge before your eviction date and it is ultimately their decision. If the Landlord wants you out though all the judge will be able to do is allow you up to 42 more days to find alternative accommodation.

The court will also be able to provide you with a list of local solicitiors that provide free advice and representation in court on housing matters.

xxxx

Thankyou, I cross posted with you so didn't see this. I'll get neighbour on it in the morning!

Morglin

Get her to contact one of these two for advice:

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

http://www.communitylegaladvice.org.uk/gateway/housing.jsp

Lin

jenhug

Right, got the papers for a stay of execution, took them to court who said it was too late to apply as there needed to be 2 clear weeks at least before the eviction is to take place.
wrote recorded delivery to land lord direct asking for them to change mind, no response.
Urgently trying to find alternative accomodation before next week.

However, we were thinking about driving to land lords house and begging! My question is, if YOU were the land lord in this situation, would you listen to two crazy women begging at your door? I feel there is nothing to lose by giving it a go.

DVardysShadow

jemsturner wrote: »

the only paperwork i was issued was when he said that he had cancelled the proceedings which was a section 8 not a section 21 it says on the top of the paperwork:

'Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after 6 months has elapsed. There is no prescribed form for these cases, but you must give notice in writing'

This is the only paperwork i have received regarding 'sections'.

Late to the party on this. It is a procedural dirty trick. LL has applied to the court on sections 21 and 8. But can only proceed on 1 of these, I believe. As arrears were corrected, section 8 was withdrawn, but section 21 went ahead, tenant being misadvised that proceedings were withdrawn. But only Section 8 was dropped, section 21 went ahead, tenant misled into not attending.

jenhug

seems like this is what must have happened, we can't work out why no paperwork ever came from the court though.

jenhug

well, we are off to start knocking on doors and begging for help. wish us luck.

diable

If it has been sorted out then why does the LL want to evict her, if the housing benefit can be paid directly to the LL then that should appease them.

dancingfairy

The LL doesn't have to have any reason though - really just because they feel like it is good enough. As long as they have followed correct procedure. I take your point that it might help to understand why so they can address the issue but at the end of the day they might never find out
There is also something strange going on - it's impossible to say whether it's the LL, LA or whether they are both being strange.
Really hope you can get something sorted- you need to get in touch with Shelter and also get her on the housing list. I understand why you want to get this overturned but you may unfortunately be putting your energy and resources in the wrong place - I just fear that your mission will fail and you will have missed vital time to fill in homeless applications, apply to the council etc etc.
df

jenhug

Shelter just referred us to council.
Court date is set for tuesday am.
Saw letting agent who to be honest was an @r5e hole! We insisted on print outs of everything they
had ever sent/ typed out regarding this case and there were things we'd never seen before. I asked if anything was sent recorded delivery but they stated this was a waste of time so they didn't bother!

Planning on popping to land lord this evening, and hope that they will hear us out, although I have written a polite letter if they don't listen.

We are searching alternative accomodation. The person she has been assigned from the council is pretty useless. It seems what has happened to cause the arrears is that her housing benefit was reduced without them informing anyone. I have emailed the benefits manager at the council and are hoping they can shed some light. The housing benefit was paid direct to the land lord, so tenant didn't know there was a different amount being paid.

L/A is making up all sorts of stories about they tried to help her but she wouldn't answer letters or phone, which is just not true.

We know we may not be able to stop her being evicted, but if it buys us time to find somewhere decent (council aren't exactly fast!) then all the better.