Eviction Fees....and also dirty furniture

Benji

theoldcastle wrote: »

I have been in touch with the local authority regarding my situation, they told me I have to go back to them when I get the possession order and will be put into BB.

The local authority is NOT your only option. Presumably you found your current place without the councils help? What is stopping you finding private rented accommodation with the help of Housing Benefit? You must do everything in your power to avid these possible fees as you can not afford to pay them and they will have a detrimental effect on your (presumably) already constrained lifestyle. There may be some info on this page that will help.

theoldcastle

Benji
The ONLY reason I am going to the local authority is because I cannot find another property as the new rent cuts have been put in place, I have lived in this area for over 30 years, if I want to get a similar property I would have to move out to an area where I know nobody and no family around me which I need due to my disability.

PheoUK

theoldcastle wrote: »

Benji
The ONLY reason I am going to the local authority is because I cannot find another property as the new rent cuts have been put in place, I have lived in this area for over 30 years, if I want to get a similar property I would have to move out to an area where I know nobody and no family around me which I need due to my disability.

OK, so we have established:

- You are coming to the end of a 6 month AST
- The landlord has advised they wish to increase the rent - you have turned them down
- Accordingly landlord has issued S21 notice for possession.

I suggest you read the relevant sections of the following document:

http://www.anuk.org.uk/Information/LandlordHandbook/Landlord_trainingmanual_Chapter5.pdf

In summary:

You do not have to leave until the court serves a possession order on you

The landlord can charge costs but you can make representations before hand as to your ability to pay

The costs can be taken through a charge against your housing allowance.

I think given your scenario, you need to get back onto the council regarding the correct course of action - I presume this is via the homelessness team or similar for your area - ask them what their procedure is, as you are finding it difficult to find accomodation within budget in the local area.

Hope this makes sense!

RAS

You may also want to talk to Shelter about general procedures; sometimes knowing the right word can trigger the desired response in the courts.

Hump

I'm no expert but I would think that under CPR 45.4A(2)

2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant's solicitor's charges for preparing and filing –(a) the claim form;

(b) the documents that accompany the claim form; and

(c) the request for possession,
is £79.50.


45.1 (2) (e) the claim is a possession claim under Section II of Part 55 (accelerated possession claims of land let on an assured shorthold tenancy) and a possession order is made where the defendant has neither delivered a defence, or counterclaim, nor otherwise denied liability;

That the most you should be looking at is the 'court fee' of £175 plus the maximum 'costs' of £79.50 - which falls short of the £2000 you've been threatened with.

teeni

theoldcastle wrote: »

Hi Teeni
There are no rent arrears, the court fee is £175 and included in the pack the LL has sent is the tenancy agreements,and land registery documents which show the sale of the property, then the register of title. And yes the deposit is in the scheme.
Out of interest, how much quicker is the accelerated possession compared to the normal hearing ?

HI the accelerated procedure is quite a bit quicker as there is no need to have a court hearing.

The process is that the landlord makes the application to court and they issue the particular of claims and defence forms to you and give you 14 days to return them.
If you have not returned the defence form by the set date the judge will go over the papers in his chambers and if all correct issue a possession order 14 days after that.
If you have indicated you require additional time to find alternative accomodation and the landlord has not advised that this can be considered without a hearing a hearing will be called to allow evidence to be produced of the need for extra time .

A hearing has to be called no more than 4 weeks and no less than 8 weeks after the application to court has been made.

Which ever way is used you do not have to leave on the expiry of the possession order , if you have not gone the landlord will have to apply for a warrant of execution which adds to your risk of costs. the court fee for a baliffs warrant applciation is £110.

As Hump says if the application is heard under the accelerated scheme the costs should be restricted, which as i said earlier would result in solicitors costs and court fees amounting to about £450 if no baliffs warrant is required. These will increase if it is necessary to have a hearing.

Hope that helps.

With regard to yoiur homeless application the authority should not have insisted that you be issued with a possession order before they gave you interim accomodation as there is no challenge to a correctly issued possession based on a s21 they is guidance that states they should not but the applicant at risk of court costs. Too late to do anything regarding this now. I presume that as they have said they will accomodate once you have to leave your home they accept that you have a priority need for housing, and will be making full enquiries in to whether you have made your self homeless by refusing to pay the additional rent. There is guidance on the afordability of accomodation adn if it is not affordable toyou they can not find you intentionally homeless. if it appears they are going to find this wasy contact your local Shelter (or its equivilent) straight away for assistance to challenge it.

good luck