Court - Accelerated Possession - I have no paperwork

thesaint

deannatrois wrote: »

Having not received one rather important document, I can understand why people say they haven't got any.

Whilst I know that people sometimes don't get post from the court(I myself about 2 months ago got the tenants paperwork posted to me), I also know the majority of people on that programme are lying through their rotten teeth.

bouicca21

Wish I had something useful to say. Just big hugs ((((((((()))))))))

[Deleted User]

I am a bit worried about the lack of delivery of the forms. I live in a house so only one letter box. I will give it til Wednesday and then I'll be asking to collect the forms myself.

I don't know the details of what should be happening but it looks like the LL submits a form asking for a possession order, I should get a set of forms asking for any defense (and somewhere get chance to ask for longer than two weeks).., then the possession order is issued. I assume somewhere I can ask to pay the costs over time.., hopefully.

Goodness knows what happens with the Bailiff forms/warrant. I assume this is a one step process after the possession order is granted.

Its not understanding the process lol. Its already not going as I expected lol. Does anyone know of somewhere on the net where the process is explained properly.., I have looked a few times but maybe I'm not using the right search terms. I don't want to find there's something I should have done and didn't, and the bailiffs are at the door. Got quite a few things going on with my sons, I seem to be a bit off colour so its going to be easy to miss things if I'm not careful. Can't afford to have the council find me voluntarily homeless because of some slight mis step that I wasn't even aware of. I'm not used to legal things.

[Deleted User]

Another question. I normally pay my rent on 15th of each calendar month. My rental periods are 15th of one month to 14th of the next. My rent is now paid up until 14th November. If I pay another months rent on 15th November, its likely I will be evicted before 14th December.

The LL is saying he's going to apply for the possession order on 2nd November.

Because the LL has always been a bit fluid with the truth.., I'm not overly happy with paying rent on 15th November when its very likely it'll include an over payment. Particularly as this is going to be a difficult period financially. I don't know if the LL will pay it back.

What should I do? What can I do legally?

Guest101

deannatrois wrote: »

I am a bit worried about the lack of delivery of the forms. I live in a house so only one letter box. I will give it til Wednesday and then I'll be asking to collect the forms myself. - You can ask for a copy on monday if you want, the court will have copies available.

I don't know the details of what should be happening but it looks like the LL submits a form asking for a possession order, I should get a set of forms asking for any defense (and somewhere get chance to ask for longer than two weeks - usually this is granted if you are in the process of moving for example & the new home is only available in3 weeks, so the court uses discretion, it's nt an automatic thing).., then the possession order is issued. -Correct, at a hearing, average is 6 weeks (you've mentioned 2 weeks, but that's quite rare. The court usually allow some time to prepare a defence) I assume somewhere I can ask to pay the costs over time.., hopefully. - You can agree this with your landlord seperately. Some will agree, some wont. Yours sounds like he might.

Goodness knows what happens with the Bailiff forms/warrant. I assume this is a one step process after the possession order is granted.-the date passes, the orer is passed onto bailiffs, who set a date to enorce, usually they write to you to let you know

Its not understanding the process lol. Its already not going as I expected lol. Does anyone know of somewhere on the net where the process is explained properly.., I have looked a few times but maybe I'm not using the right search terms. I don't want to find there's something I should have done and didn't, and the bailiffs are at the door. -What do you want to achieve? Got quite a few things going on with my sons, I seem to be a bit off colour so its going to be easy to miss things if I'm not careful. Can't afford to have the council find me voluntarily homeless because of some slight mis step that I wasn't even aware of. I'm not used to legal things. -Have you paid rent reasonably on time and have no arrears?

The council typically look at need, your's will be a top one.

Suggest you get things packed. Bags for about 2 weeks (maximum is 6), get surplus belongings and furniture in storage. Be ready to go with a few days notice, and with a few hours to get it done.

Guest101

deannatrois wrote: »

Another question. I normally pay my rent on 15th of each calendar month. My rental periods are 15th of one month to 14th of the next. My rent is now paid up until 14th November. If I pay another months rent on 15th November, its likely I will be evicted before 14th December.

The LL is saying he's going to apply for the possession order on 2nd November.

Because the LL has always been a bit fluid with the truth.., I'm not overly happy with paying rent on 15th November when its very likely it'll include an over payment. Particularly as this is going to be a difficult period financially. I don't know if the LL will pay it back.

What should I do? What can I do legally?

put this as part of your defence / counter claim

tom9980

Personally i wouldn't pay him again until you know what you owe, let him take money from the deposit if needs be. You need to secure an onward move as best you can so if that means the landlord has to wait then so be it.

Guest101

tom9980 wrote: »

Personally i wouldn't pay him again until you know what you owe, let him take money from the deposit if needs be. You need to secure an onward move as best you can so if that means the landlord has to wait then so be it.

The OP would be at risk of being classified as intentionally homeless.

There are wys to get that money back down the line - 6 years to do so.

[Deleted User]

I will give it til Wednesday and then I'll be asking to collect the forms myself. - You can ask for a copy on monday if you want, the court will have copies available. OK Will do. Don't want to wait around risking forms not turning up.

I assume somewhere I can ask to pay the costs over time.., hopefully. - You can agree this with your landlord seperately. Some will agree, some wont. Yours sounds like he might. So I have to pay the LL the fees not the court? If that's so, I guess he'll take it from the deposit.

I don't want to find there's something I should have done and didn't, and the bailiffs are at the door. -What do you want to achieve? Well having found out I didn't receive the possession hearing paperwork (don't know the exact term) and not being familiar with what I have to do - so the system can fail - I am worried I will not do something and find the council are saying I am voluntarily homeless and we end up on the streets. Its so easy to say it can't happen if you have children, but I've tried so hard to get the council to listen to my sons needs and not gotten anywhere, they refuse to even reassess our priority which surprised me (we are D priority and will only go up to C when served the bailiff paperwork - which is rarely enough to bid successfully on a house here). It doesn't seem like there is much of a safety net anymore so I am frightened that the reality is, we could end up on the streets if I put one foot wrong. (I have never been late with or not paid the rent)

Got quite a few things going on with my sons, I seem to be a bit off colour so its going to be easy to miss things if I'm not careful. Can't afford to have the council find me voluntarily homeless because of some slight mis step that I wasn't even aware of. I'm not used to legal things. -Have you paid rent reasonably on time and have no arrears?
The council typically look at need, your's will be a top one. I've been told my council (Gravesham) is one of the few councils that do not look at need except when it applies directly to housing i.e. mobility issues. Certainly I seem to be getting no where with 'need' issues at the moment, even with professionals writing officially to the council to support these needs.

Suggest you get things packed. Bags for about 2 weeks (maximum is 6), get surplus belongings and furniture in storage. Be ready to go with a few days notice, and with a few hours to get it done. I will be packed up. Because of my back and other issues, will not be possible to do it last minute so will have to have it done by time bailiffs turn up otherwise LL has said he'll be hiring skips and I'll be paying for labour.

penguin83

Acclerated possession cases don't automatically get a hearing date.


The court issue the paperwork received from the landlord, you *should* then receive a copy of the claim form through the post along with a defence form. You have 14 days to reply to the claim form. If the court does not receive a defence then the landlord completes the tear off slip at the bottom of his notice of issue and returns to court - upon receipt the court will issue a possession order.


If the landlord has received this from the court then he will be able to provide you with the case number so that you can contact the court on Monday and find out exactly what is happening. If he won't provide it then the court can search for you on your name and address.


Any costs awarded on the court order are payable to the landlord and not the court.