Court - Accelerated Possession - I have no paperwork

[Deleted User]

LL has given me his copy (which I copied) so phoned the court and they've said they'll send me a copy of the paperwork.

Slinky_Selina

This is the new leaflet that all new tenants have to be given.
I cant find the current rules but if you look on the very last page it tells you that the Council must not wait till you are evicted before they take action to help you. This is an extremely common thing that councils are tending to do to delay helping people, in my cynical eyes by hoping the person finds other accommodation first.
Ask the council why they are not using the Govts own advice when it comes to assisting you with housing.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464910/How_to_Rent_October_2015_FINAL.pdf

theartfullodger

Dean:

Call Shelter, 0808 800 4444: They are open weekends.. (expect a wait).
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

The problem you have with a s21 eviction is eventually even the most stupid, ill-informed, landlord will get you out by getting his paperwork right: There is no defence to eviction if the paperwork is correct: Even if wrong (dates, deposit not protected or "prescribed information" not served within 30 days of you paying it ) he just needs to sort out (eg return deposit), serve new s21, 2 more months etc....

You can either point out errors in paperwork and get case thrown out or ask for more time. Usually it's decided in private by judge on his own: Only exceptionally is there a hearing.

Sorry - it's Thatcher's 1988 Housing Act.

Best wishes & good luck!

silvercar

So you are one step further on from your previous post, where you said that your landlord was looking to evicting you.

It does seem that your landlord is keeping you informed - a million times better than bailiffs turning up unexpectedly.

Has the council indicated the sort of accommodation they will provide temporarily?

Is there still nothing available that you could find for yourself? Does your council operate a bond scheme for those who can't provide a deposit.

franklee

The steps in the process are outlined here:
Shelter Accelerated Possession Procedure

This is your missing bit, it may still be in the post but worth asking the court for it as it may have got lost:

"What the court sends you

After the landlord applies to the court, the court sends you:

a copy of the landlord's claim form and copies of documents

a defence or reply form (Form N11B)"

Worth reading the whole of Shelter's page but of note your next step is to fill in and return the defence/reply form, you do this even if you aren't defending as it's a form that asks questions to see if you agree with the landlord or not, plus there's a chance to say if you are claiming exceptional hardship etc. The form is written in plain English and should be straightforward to understand.

More from the Shelter page:

"You only have 14 days to complete and return the defence form to the court.

Use the defence form to tell the court if:

you disagree with anything that your landlord has set out on the claim form
there is a reason why your landlord can't evict you
you want to delay the eviction date

You can ask the court to delay the eviction, even if you don't want to defend the case. You can ask for a delay of no more than 42 days.

The court sets a date for a hearing, unless you say on the reply form that you are willing for the court to make a decision without a hearing.

The court considers the landlord's claim form, the evidence they provide and your defence form."

franklee

Here's form N11B so you can see what to expect:

https://www.moneyclaimsuk.co.uk/PDFForms/N11B.pdf

This page touches on what may be considered exceptional hardship:
https://nedcab.cabmoney.org.uk/accelerated.asp

"When you receive the court papers and N11B defence form, you will need to read and study them carefully before responding. If you wish to stay in the property as long as possible due to exceptional hardship etc. you can request extra time to remain. This can be up to six weeks (42 days) and it will be up to the judge to decide. Examples of exceptional hardship would include you or a member of your household being ill, pregnant or if young children are involved and you have no immediate access to other accomodation. If you need assistance understanding and completing this form, get advice immediately."

I don't know if you want to ask for that or not it would depend on your particular circumstances.

thesaint

I don't see the point in filling out a defence.

The OP is waiting for the council to rehouse, so prolonging the process is of no gain.

Getting an extra four weeks just means getting evicted closer to christmas.

bouicca21

On the other hand not entering a defence may be interpreted by the council as Deanna making herself intentionally homeless. She needs to tread very carefully through this minefield of bureaucracy. Shelter and maybe a sympathetic housing officer are probably best placed to advise.

thesaint

bouicca21 wrote: »

On the other hand not entering a defence may be interpreted by the council as Deanna making herself intentionally homeless. She needs to tread very carefully through this minefield of bureaucracy. Shelter and maybe a sympathetic housing officer are probably best placed to advise.

No it won't.

[Deleted User]

I've always been told there is no defence against a S21 eviction. Making one will not only just delay the eviction, needlessly because it will happen, but mean I have to pay more court costs. At £280 a pop, not something I can afford. Really can't afford it. This is reality, not ideals.

So to fill on more reality visits, I still haven't received any documentation from the court. I was taking my son into Dartford for an evaluation (and the traffic was jammed all the way as A2 was closed - not an easy journey). At 2pm I went to the court. Was grudgingly allowed to sit in hall. I explained that I needed a copy of the documentation in order to defend or ask for an extension of the eviction date - options which should be open to me, I had been promised they would be posted first class on Friday and not arrived, I hadn't received the originals.

I was told the copies had been sent yesterday, they refused to give me a copy and the clerk was on her way out of the court so they wouldn't even check the address the papers were being sent to.

Hmmm, Justice, I guess its available to someone but not to me. I have two days to respond to the papers I haven't received.

I was given a piece of paper, pen and envelope so i could state why I was there. It was almost illegible as I had nothing to lean on (I was in the entrance hallway). God knows if what I said made sense. But I guess at least it was written evidence that I still was without any documents. I'm sure no one at court will give a damn of course.

Pretty depressed now. I'm not joking when I say I feel like finding a bridge to jump off. Sympathetic Housing Officer.., hmm, think they are a myth. The only ones I have come across have developed gatekeeping to a fine art. Shelter said they could only get Legal Aid to fight the S21.., when I said there was no point and would just incurr extra costs for me, they closed my case. So I stand here with D priority for housing (no priority, I bid on a bad property and didn't even get into the first five, no surprisingly) two highly stressed sons with ASD (the assessment was to see if the stress is sending my older son into psychosis, wonderful, as he's hallucinating). My diabetes is ridiculously unstable and I've been told I need to be assessed if I can count carbohydrates and if I am doing injections right (been a diabetic for 44 years with no side effects.., probably know more about it than most doctors, sorry if that sounds arrogant). Asthma barely responds to inhalers so I'm coughing all the time, my back is ridiculous and my hip is affecting my walking (was sent to a back clinic where you learn to lift your left while lying down). So yep.., wondering what is the point. Sorry if I sound like a rebel, but its kind of disheartening.

But perhaps if a LL reads this, maybe they will realise not all tenants sit on their bums waiting for the world to fall in on them and ask why. It just seems that trying to get the process to work achieves the same end.