Time from Possession Order and Bailiffs Coming Round

[Deleted User]

Will do, thank you. No answer from Shelter. I might get some help from Sanctuary Housing - which is similiar but the person I deal with (just had an initial meeting so far) was away all week last week.

franklee

That's quite a technical question and given you need the answer quickly may I suggest you ask on the landlordzone forums? (I've no affiliation but read it quite often). You already know some of the folks on there (like Artful) and they do answer tenant's questions. If you mention the LL's house is in good condition and rent paid just as you have above that should stave off any critical element, plus that you need council help due to son's medical needs in area. They are aware of council gate keeping and will have had first hand experience on bailiffs etc. Worth a shot?

It's here:
http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

silvercar

franklee wrote: »

That's quite a technical question and given you need the answer quickly may I suggest you ask on the landlordzone forums? (I've no affiliation but read it quite often). You already know some of the folks on there (like Artful) and they do answer tenant's questions. If you mention the LL's house is in good condition and rent paid just as you have above that should stave off any critical element, plus that you need council help due to son's medical needs in area. They are aware of council gate keeping and will have had first hand experience on bailiffs etc. Worth a shot?

It's here:
http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

I have a login on that forum; I'm happy to post the question if deannatrois wishes.

molerat

According to the link from pmlindyloo above the warrant for possession cannot be applied for until you have gone beyond the date of your possession order as the LL has to certify that you are still in the property (thus breaching the possession order) after that date. He cannot evict you without a further court order.

Warrant of possessionThe possession order can be enforced by a warrant of possession. The warrant directs the bailiffs to recover the property and restore it to the rightful owner. Application is made after the day specified for possession by producing at the county court office a copy of the judgement and a "Request for a Warrant of Possession" on Form N325 (as ever, a fee is payable).

Possible harassment here ?

[Deleted User]

Very kind of you. I will see if I can get a reply from Sanctuary Housing tomorrow. I know they've helped people with evictions. Hopefully they'll be able to let me know what to expect.

I'm not sure what is going on with the LL. They aren't English, maybe its that (never sure if there's a comprehension problem) but he definitely said I'd get a letter from the Bailiffs mid week and when I said that I thought he couldn't even get Bailiffs on the case until 25th, he said he could. So much for the waiting to get Bailiffs on an eviction lol. He said he was at court on Friday.., and I need to pay £110 for the bailiffs. Has he got sheriffs? No idea. Why would he? Its not like I'm costing him money in unpaid rent. Nothing seems to be happening as it should.

Awful. I can't wrap my head around that this can happen and I've done nothing but the right thing. I do hope the council don't try to put me in private housing, never again if I can prevent it. I know tenants have 'rights' as far as S21 etc is concerned but that seems to be it.

silvercar

deannatrois wrote: »

Very kind of you. I will see if I can get a reply from Sanctuary Housing tomorrow. I know they've helped people with evictions. Hopefully they'll be able to let me know what to expect.

I'm not sure what is going on with the LL. They aren't English, maybe its that (never sure if there's a comprehension problem) but he definitely said I'd get a letter from the Bailiffs mid week and when I said that I thought he couldn't even get Bailiffs on the case until 25th, he said he could. So much for the waiting to get Bailiffs on an eviction lol. He said he was at court on Friday.., and I need to pay £110 for the bailiffs. Has he got sheriffs? No idea. Why would he? Its not like I'm costing him money in unpaid rent. Nothing seems to be happening as it should.

He is just stupid. Why would you be required to pay for bailiffs now? At this point in time he has no firm knowledge that he will need bailiffs. For all he knows, you could obey the eviction order and be out of the property by the 25th, avoiding the need for him to appoint bailiffs.

Even if he does go back to court and bailiffs are appointed, he would need the court to order that you pay costs. Presumably he can't get this until he can show that bailiffs are required. I get the feeling he is hoping to intimidate you.

Awful. I can't wrap my head around that this can happen and I've done nothing but the right thing. I do hope the council don't try to put me in private housing, never again if I can prevent it. I know tenants have 'rights' as far as S21 etc is concerned but that seems to be it.

One thing that puzzles me, you say that you have no friends or family in the area and that the reason you are so keen to stay in Gravesend is that the support services for your children are set up and working well, I wish these support services would offer some help to your housing needs. If they are narrow and solely focused on education, I hope they are worth staying for.

If I was to offer a bit of advice, I would suggest you join social media, I know facebook is often slated, but really it is just another part of the internet where you could find help and support, like on here.

[Deleted User]

I have posted on facebook that I am being evicted, but not in such detail as I have used on here. As I said, I'm not socially inclined so I doubt anyone reads it.

Oh well maybe Sanctuary Housing will actually talk to me tomorrow. I was referred to Sanctuary Housing through social services, but there was a waiting list so I've only just been seen by them. Last week the person I needed to talk to was on leave. The lack of help from SS has increased the stress to be honest, but what can you do?

I do get some help from social services (older son is getting a PA), and have been promised help when I am evicted (although no surety that will happen), I keep getting told they will help and then suddenly the issue is 'out of their remit'. The thing I must keep is the out of borough referral to The Maudsley.., if they can recommend a package of care, in particular for my older son.., maybe I can get him back into college or moving forward in his life.

We did live in Wolverhampton, moved from there because there was no support whatsever. Nothing. If I'd have stayed there, my older son would have left school with no GCSE's. The school he was at totally refused to support him, no other school would take him because of his special needs. I couldnt' get him statemented. I spent hour after hour on the phone trying to get him help, without any success. In the end I was at the point of suicide. And, we left in desperation. School here for him was better, until he reached post 16 education, then it became like Wolves, no support. No help. And no one to turn to. Then I got him this specialist social worker but well, she's lovely but tends to say a lot of no's amongst the odd 'yes' we can help you.

I did get some help from a housing person in Community Mental Health but it went all wrong. He said he could help me, he phoned and said he'd gone to panel in housing (whatever that means) and they'd agreed to give us a B priority even though at that stage I hadn't even been given a S21. Lots of miscommunication, I thought he was a lot more active than he was. Then one day he phoned me and told me housing wouldnt do anything until I'd got a possession order (in fact they won't do anything until they've got a Bailiffs warrant). Turned out, there were no panels when he told me he'd spoken to them. Made a complaint and on the notes was just over and over he couldn't do anything until i received a S21. But he'd never told me that. He'd told me he was doing things. He said lots of things that Community Mental Health said he didn't.

In front of a student he brought round, he said he'd have me in social housing by July, that I should only bid on 'safe' properties, gave me the impression that all was in order. Three weeks later I got the phone call that housing needed a PO. When I complained (wasn't rude just made it clear I felt things had been falsely represented, so I'd acted on false information) it was made clear Community Mental Health would not help me with housing any more. I tried again, took the S21 once I had it, and the letters from Housing saying how they would not reassess our priority (which I've never understood given how our health had deteriorated due to the LL's actions). They said they wouldn't help.

I don't know if I am doing something massively wrong. CMH just seemed to think I should have understood what was going on. But this man was so 'trust me, I know what I am doing, I will get you social housing' that I listened to what he said. He couldn't be lying now could he? He had a position of responsibility. Why would he lie anyway? What would be the point?

But he was, and I can't prove it. Since then I've mostly stayed indoors with curtains drawn. Lost all confidence in my ability to understand what people say. CMH didn't give a damn on the repercussions. No sense of responsibility at all. They just 'black balled' me. All CMH kept saying was how good this man was at his job. I'm not lying, I know it sounds like I am, or I'm insane, I am reporting exactly what this man said.

So since then there's just been social services and well, me getting stressed. Lots of 'we can do this' from social services, and then, sorry spoke to my manager, this isn't within our remit, we can't (its education, its a mental health issue etc).

But at least the help from Social Services is help. Its more than I've ever had before. And I really haven't stopped trying. Maybe I'm just doing it all wrong, in fact I am pretty sure I am. I just don't know how I'm doing it all wrong.

Last week after coming home from the Maudsley I had an almight row with my ex..,I did say maybe if my son and I had had the diagnosis when we were in trouble when he was 12 (I was suicidal, badly and the children were put on the at risk register for emotional neglect because I was suicidal, they weren't neglected in any other way at all, I had run myself ragged trying to meet their needs honestly, they always came first, it was just too much for one person to a degree) maybe if CAHMs (who were counselling me as part of the family) had noticed I had ASD too., and that was why I was the way i was.., maybe things would be better now. Maybe I wouldn't have even had to move. He just said I lived in the past too much. It was just an expression of regret, not living in the past. And I did react and got quite angry. I don't do that normally. But it was just too much somehow, and I was still a bit shocked by what the Maudsley had said. All the times its been implied my parenting skills are at fault for my older son's problems when I've been hardly sleeping and constantly trying to find ways to improve things for him. In spite of the diagnosis, CAHMs said my son was just a normal boy, and woudn't see him anymore. He's had a brother die at birth, strangled twice in school, told he's a retard over and over, and he's 'just a normal boy'.., yeah that's why he's refusing to go to school. If I ask for help, my parenting is always the first thing to blame although I think i actually do a pretty good job. Been fighting for over ten years for a decent set of support for my sons. But its been wasted effort, lots of false avenues of hope to be honest.

And well look where we are now. All that asking for help, research, and unfortunately, it doesn't look like we are much further forward. And soon to be homeless. It seems like there is just no defence for the ordinary person. And moving to another area? I tell you now, I wouldn't cope. I know that. Starting again, being told there are things available all over again and there aren't or you have to wait for a year for something that doesn't even do what you were told it would. That's besides the need to physically move with two highly stressed kids. I think if it gets to the point that I am told I have to go into a private rental again, that will be it for me. I can not do this again. Its been truly awful. The LL coming round yesterday was just one example of how its been.

Sorry, you've got a book again. I've probably whined on too much, but I DON'T understand why there is no help. I just don't. I don't behave badly, I don't shout and scream. But all this has happened. I don't get it. I think probably its all too easy to put a door in my face and then I turn away. Perhaps its just me.

silvercar

From your posting times I can see that you aren't sleeping. I appreciate this is a worrying time for you in the extreme.

From what other people post, this is the worst time, it should get better. A lot of the stress is because you are reliant on other people to do their work. Not being able to control your own destiny is stressful. Many people do get sorted with secure council accommodation after going through what you are going through. At the back of your mind you must realise this, or you would be looking for a private landlord who was sympathetic to your needs.

I think you need a local councillor on side, both to smooth the path and to show the housing that your case cannot be sidelined.

Any luck from the facebook groups?

Guest101

Im not sure why there was such debate.


bailiffs enforce court orders. If the court order says you must leave by the 25th, the bailiffs will do nothing (except maybe a phone call) until after that date.


The reason for the phone call is that bailiffs do not want to turn up unannounced in a repossession case.


They will usually tell you the day (sometimes even the time) they will arrive (after the date on the order) so you can work together.


This is about legal possession not physical.


However if he applied to escalate to the high court, you would get no warning. However this should be indicated in the court papers, as I believe the court needs to authorise escalation in such cases.

[Deleted User]

The LL seems to be saying he's already engaged bailiffs and I'll get a letter mid week. Everything i know suggests he can't even engage a bailiff til I have proved I am not leaving on 25th. But he seems confident he already has. That's the point Guest 101, I'm scared he's found a way to get me out quicker in spite of what the possession order says. Otherwise he wouldn't even be able to say letter from Bailiffs will arrive mid week.

Went to Housing.., I may have a homelessness case, I may not.., been told to fill in a medical form to decide supposedly what sort of shared lettings accommodation we should get (although already done a five page letter with evidence from medical and social work professionals that the Housing Officer that seems to be handling my case said verbally meant I wouldn't be allocated one room shared lettings). As I suspected.., apparently not.

Only problem is the medical form I've been sent says 'please give any details of blah blah factors affecting you which you feel would be improved or assiste by moving' so that doesn't relate to what temporary accommodation you should be given, if any. That relates to reasons why you are asking for council housing like u don't like the house, can't get up the stairs etc. But I was specifically told it was to decide what temporary accommodation I could get. God help me. NO idea how to get the system to work for us.

They've told me they will give me a loan to a value of monthly rental of £750.., on right move cheapest rental is £850 which is what I'm paying for this place. And I really dont' want private rental given the hellish experience here. Going thru this again when a LL decides he wants to sell. Frankly I'm not sure how much more I can deal with. All over the place now.

And NO I am not certain housing will help. I am certain I do one wrong thing, one form not filled out properly, one thing I don't know when housing try to gatekeep and we are on the streets. That's what I know. That's what I am experiencing.