Possession Order By Landlord

davie711

I am on the verge of eviction by possession order granted on 1st week of November by judge how-ever I only received letters

from court on 15th of November of the decision so I dont know what I can do in tis situation.

I was not able to be at court due to me not even receiving the court date letters, so I wasnt aware to go to court so judge made decision of my absence.

I have no where to go, can I appeal if how & what do I need to do?

Can I get a new hearing date?

Can I do "possession order set aside" or "Suspend or stay the warrant"

I am totally confused of what to do please can you help me,

Thank you..

jamie11

You can apply to have the normal '14 days to comply' extended to 42 days although it's not guaranteed the judge will allow it.

If you don't move out at the end of the period your landlord would have to use bailiffs and that usually takes a few weeks to happen.

If the PO was gained through a proper S21 that was valid then there's not much else you can do.

You might check that your deposit was protected and the PI was issued within the proper time scales, if they were not then that could be a reason for a 'set aside'.

ValHaller

You need either to go to a solicitor or to get advice from Shelter on getting this set aside. There is a definite breach of protocol if you did not receive court papers. 2 questions for you:

• Is there any way the Landlord could have intercepted your post?
• Are the judgement papers genuine?

I suggest you check with the court on whether the judgement is genuine and crucially on the address to which they served court papers.

davie711

jamie11 wrote: »

You can apply to have the normal '14 days to comply' extended to 42 days although it's not guaranteed the judge will allow it.

If you don't move out at the end of the period your landlord would have to use bailiffs and that usually takes a few weeks to happen.

If the PO was gained through a proper S21 that was valid then there's not much else you can do.

You might check that your deposit was protected and the PI was issued within the proper time scales, if they were not then that could be a reason for a 'set aside'.

Can I not appeal the decision as I was not present in court.?

davie711

ValHaller wrote: »

You need either to go to a solicitor or to get advice from Shelter on getting this set aside. There is a definite breach of protocol if you did not receive court papers. 2 questions for you:

• Is there any way the Landlord could have intercepted your post?
• Are the judgement papers genuine?

I suggest you check with the court on whether the judgement is genuine and crucially on the address to which they served court papers.

1: I dont think post could have been intercepted,
2: Post is genuine.

What is set aside? how would that help

Landlord has inflated rent arrears to evict.

RAS

set aside is better than appeal.

Appeal means that the original judgement stands until you over -turn it.

Set a side means that the whole court decision is invalid, so even if the LL got another posession order, you can still appeal. Sometimes called redetermination.

have you contacted shelter?

davie711

RAS wrote: »

set aside is better than appeal.

Appeal means that the original judgement stands until you over -turn it.

Set a side means that the whole court decision is invalid, so even if the LL got another posession order, you can still appeal. Sometimes called redetermination.

have you contacted shelter?

Thank you, How do I write to court to set it aside?

I have'nt contacted shelter.

BitterAndTwisted

Are you saying that you were unaware that the landlord was planning to evict you due to rent-arrears and did not inform you by issuing a Section 8 Notice? That you didn't receive any court-papers informing you of the date of the original court-hearing?

nomoneytoday

Have you paid up your rent up to date?

davie711

BitterAndTwisted wrote: »

Are you saying that you were unaware that the landlord was planning to evict you due to rent-arrears and did not inform you by issuing a Section 8 Notice? That you didn't receive any court-papers informing you of the date of the original court-hearing?

That is correct, Only had a letter from solicitor to pay arrears and when ever I rung solicitor in charge phone was always on answer-phone, and never replied to my letters either..

dancingfairy

Maybe start at the beginging? I presume you are a tenant? What grounds did the landlord take you to court? Section 21 (no fault) or Section 8 (rent arrears)?
On what basis does the landlord think you are in rent arrears?
Are you in a fixed term contract or rolling contract?
As you need urgent advice I suggest you phone Shelter with all the facts to hand and they should help you.
df