Possession Order By Landlord

Kynthia

If you are being evicted for rent arrears you would usually owe at least 2 months rent. You would usually be sent a statement showing your arrears and asking for payment. You would then get a section 8 with an expiry date 14 days later, after which the landlord could apply for a possession hearing. The court would send you the date of this hearing, you can attend but if the judge believes you owe 2 or more months rent you would be given an eviction date. This date is usually 14 days later and I believe is also posted to you, and if you don't leave by this date the landlord must apply for court bailiffs to evict you. This will take another few weeks, but varies, and I expect they send you the date they are coming. It's best to be out before they arrive.

So do you think you have the possession date from the court, or are you posdibly earlier in the process and what you have is the section 8?

davie711

This is what the notice served what can i do?

Ground 8 shedule of 2 of housing act 1988

&

Ground 10 & 11 of shedule..

G_M

(Schedule 2: S8 Notices: 17 Grounds under which a LL can issue a S8)

davie711

G_M wrote: »

Schedule 2: S8 Notices: 17 Grounds under which a LL can issue a S8)

Can I appeal this decision or get extension to defend myself against this?

silvercar

davie711 wrote: »

Can I appeal this decision or get extension to defend myself against this?

You can appeal if you think that the decision is wrong.

The grounds quoted are:

Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

(a)if rent is payable weekly or fortnightly, at least [F9eight weeks’] rent is unpaid;

(b)if rent is payable monthly, at least [F10two months’] rent is unpaid;

(c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and

(d)if rent is payable yearly, at least three months’ rent is more than three months in arrears;

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Ground 10

Some rent lawfully due from the tenant—

(a)is unpaid on the date on which the proceedings for possession are begun; and

(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

So the appeal would have to be that you didn't owe the amount of rent shown at the date of the notice or at the date of the hearing and that you haven't been persistently late with your rent.

Foxy-Stoat_3

So are you 2 full months behind on your rent?

davie711

Yes, and can I appeal by writing a letter?

xoAmyox

If at the time you were served the notice, and at the time the court had the hearing, 2 months or more of rent was unpaid, then the court MUST grant a possession order. The judge has no choice in this at all.

If you were to appeal, the most you would get is a short extension on the time given to leave (up to a maximum of 42 days)

EDIT: a judge will only order the extension if you can show extreme hardship

Foxy-Stoat_3

If your 2 months behind then why should you appeal?

kirkbyinfurnesslad_2

I think you have buried your head in the sand. Time to move out me thinks.

Now is not the time for letters. I think you hoped this wwould go away