Time from Possession Order and Bailiffs Coming Round

[Deleted User]

I felt it best to make a seperate thread rather than add to the other long ones.

I would really appreciate advice from people who have been through this or know the law.

Just had a visit from the LL. My possession order gives me until 25th November to leave this house. But the LL is saying I will receive a letter from the Bailiffs in the middle of this week, giving me a date when they will be coming round to take the house.

I said but surely they can't do anything until 25th November, and then they have to give me 2 weeks notice (so taking us to about the 9th December before they can force me from the house).

But the LL said no, I will have 14 days from the day of the letter, due to come Tuesday/Wednesday. I know its only a few days difference but am feeling completely walked over by the law, and well, its hard to plan when I don't understand what's going on.

Can anyone confirm that the bailiffs can issue notice of their intention to take the house before the Possession order date is reached?

This just gets worse lol.

I wouldn't mind but I'm feeling like a criminal, totally up to date on the rent, no rush needed, no damage to the house, I'm not ignoring the LL's. And yet I'm being treated like the worst tenant in the world. I don't wanna be forced from the house on 24th December, but this doesn't seem right. I've not heard of eviction being done in this way.

Thrugelmir

Did you attend the court hearing?

Are you not dealing directly with the LPA receiver yourself?

[Deleted User]

What LPA receiver? This is just a LL wanting his house back.

Thrugelmir

deannatrois wrote: »

What LPA receiver? This is just a LL wanting his house back.

Ok misread your post.

LL can only use Bailiffs if you have not left the property by the possession date.

theartfullodger

deannatrois wrote: »

I felt it best to make a seperate thread rather than add to the other long ones.

I would really appreciate advice from people who have been through this or know the law.

Just had a visit from the LL.

Could count towards harassment in the circumstances & given what he said..

...My possession order gives me until 25th November to leave this house. But the LL is saying I will receive a letter from the Bailiffs in the middle of this week, giving me a date when they will be coming round to take the house.

I said but surely they can't do anything until 25th November, and then they have to give me 2 weeks notice (so taking us to about the 9th December before they can force me from the house).

But the LL said no, I will have 14 days from the day of the letter, due to come Tuesday/Wednesday. I know its only a few days difference but am feeling completely walked over by the law, and well, its hard to plan when I don't understand what's going on.

Can anyone confirm that the bailiffs can issue notice of their intention to take the house before the Possession order date is reached?

This just gets worse lol.

I wouldn't mind but I'm feeling like a criminal, totally up to date on the rent, no rush needed, no damage to the house, I'm not ignoring the LL's. And yet I'm being treated like the worst tenant in the world. I don't wanna be forced from the house on 24th December, but this doesn't seem right. I've not heard of eviction being done in this way.

Unless he's using High Court Enforcement officers I'd be surprised if he can get anything done that fast: But he might get lucky (for him, not you) with a bailiff booking cancellation.

Were you given 14 days or 42 days from possession decision?? With your circumstances think you should get 42.. Until you see the bailiff letter you won't know: The landlord is, IMHO, trying it on trying to get you out ASAP before Xmas: Wait & see what the letter says.

Call Shelter 0808 800 4444 if you need more advice: Open today until 17:00
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

Best wishes & good luck: Sorry for you, hope things get better.

[Deleted User]

I was given 14 days. I didn't get the possession claim forms til I'd asked the court for them twice. A day before the 14 days the court gives you to make a response. I did want to ask to pay costs over time and wasn't sure about an extension, thought I'd have longer waiting for the bailiffs and didn't want to be forced out on 24th December or close.

Didn't realise the court extended the response time because i was late getting the forms.

So I could have responded.

I hope someone like me learns from this lol. Now I've got to pay the costs on the 25th and I'm not sure, but the bailiffs may be able to come round anytime. I thought they couldn't do anything including notifying me of their intent to take the property back until after the possession order ran out. LL was saying they understood my difficulties getting my furniture stored and wouldn't rush me. Should have known better than to believe them, given the history. Not refused to speak to them, paid the rent increase they wanted til eviction happens etc.

Sorry, been thrown into a bit of a fit lol. Supposed to pay rent today.., now not got a clue what to pay.., was going to pay 16 days believing I'd still be here until at least 30th November. I do realise I've done things incorrectly.

HappyMJ

deannatrois wrote: »

I was given 14 days. I didn't get the possession claim forms til I'd asked the court for them twice. A day before the 14 days the court gives you to make a response. I did want to ask to pay costs over time and wasn't sure about an extension, thought I'd have longer waiting for the bailiffs and didn't want to be forced out on 24th December or close.

Didn't realise the court extended the response time because i was late getting the forms.

So I could have responded.

I hope someone like me learns from this lol. Now I've got to pay the costs on the 25th and I'm not sure, but the bailiffs may be able to come round anytime. I thought they couldn't do anything including notifying me of their intent to take the property back until after the possession order ran out. LL was saying they understood my difficulties getting my furniture stored and wouldn't rush me. Should have known better than to believe them, given the history. Not refused to speak to them, paid the rent increase they wanted til eviction happens etc.

Sorry, been thrown into a bit of a fit lol. Supposed to pay rent today.., now not got a clue what to pay.., was going to pay 16 days believing I'd still be here until at least 30th November.

You should pay the normal rent payment that is due and when you leave the landlord will give the excess rent back to you.....or you could just choose not to pay the rent at all...or maybe pay it a week at a time.

[Deleted User]

lol, lets just say I don't trust the LL's. History. No way am I paying the normal monthly rent when I rather doubt I have a month here. Looks like I'll be lucky to have two weeks or less. But I also want to pay what is due.

HappyMJ

deannatrois wrote: »

lol, lets just say I don't trust the LL's. History. No way am I paying the normal monthly rent when I rather doubt I have a month here. Looks like I'll be lucky to have two weeks or less. But I also want to pay what is due.

I'd go for the one week at a time option then. Divide the monthly rent by the number of days in the period and multiply that by 7 to get your weekly rent and pay it every Monday until you leave. I'd pay in arrears so you never have the landlord owing you money.

[Deleted User]

Yep already worked out the daily rate so could pay 16 days. Easy enough to do.

Will hopefully get to speak to someone who can tell me if LL's can operate in this way (get bailiffs on the case before even the possession order date). I wouldn't mind if I'd done something wrong. There'd be a certain justice in it. Not like this though.

Thank you.

pmlindyloo

Everything I have read says that the bailiffs warrant cannot take effect until the end date of the possession order.

What I cannot find out is if you can apply for the bailiffs before that date.

Certainly on the form for applying for the bailiff's warrant it asks for the date of the possession order.

Just one example:

http://www.letlink.co.uk/index.php?option=com_content&view=article&id=434%3Apossession-and-eviction-part-three&catid=112%3Apossession-and-repossession&Itemid=100072

As I understand it the bailiff's warrant is an enforcement of when the tenant does not move out at the end of the date on the possession order.

I know you do not have a lot of faith in Shelter but they should be able to answer this simple question.

Let us know what happens when you go to the council with your possession order tomorrow.