pregnant, ill & just been served eviction notice

Fair&Pure

G_M wrote: »

Stop wasting time worrying about the date and use your time in getting your defence submitted!


If the court later says the defence was late, that is the time to start arguing about dates!


If you did not receive the Gov leaflet say so in your dfence submission, and point out the date they say they submited it was way before you applied for the tenancy (or whatever) with dates.


"Electricity Safety Certificate" - do you mean gas? Unless this is Scotland or there's some new law I'm overlooking, electric cert is not required.


Go throught the S21 link pixie gave you with a fine tooth-combe, answering ALL questions. If you get an answer anywhere "invalid", iclude that in your defence. Here it is again:

It's an EPC certificate. If the landlord's not served one, the S21 can be challenged. I will have to take my defence in by hand tomorrow.

Fair&Pure

pinkshoes wrote: »

I would call the court.

Have you now paid off the arrears?

In the mean time, I would focus on packing.

That sounds more sarcastic than helpful to be honest.

And yes the arrears are paid. This is a S21 claim so arrears aren't relevant.

G_M

Ah OK.


EPC, not electrical certificate. Get that terminology right in your defence submission or you will lose!


Yes, if this was not provided the S21 is invalid. See the link.

Fair&Pure

Excellent PDF document, thanks

Fair&Pure

finally got through to the queue to speak to Shelter

steampowered

The definitive legal answer to your question on timing is that the time for filing your defence runs from the deemed date of 'service' of the claim form.

Where a claim form is served by post, the deemed date of service is 2 business days after posting. This would take you to 26 June.

I would suggest that you do the following:

- Contact the landlord's solicitor in writing (e.g. email) to confirm that you have received the court form with a postmark of 22 June, and therefore you understand that 26 June is the deemed date of service from which the 14 day deadline for serving a defence begins to run, notwithstanding the earlier issue date. Ideally attach a photo of the postmark. Invite them to contact you if they have a different understanding of to the timeline.

- Did you only make your offer to clear the rent arrears verbally? If so, contact the landlord's solicitor in writing (in a separate letter or email headed 'without prejudice save as to costs') to repeat your verbal proposal and confirm that it still stands. It is important to get these things recorded in writing.

- I would suggest that you approach the CAB and Shelter for help and advice on your options, and help pulling together a defence. You could also try posting over on CAG where you'll find people with more expertise on eviction proceedings.

- If you cannot get help/advice in time, you should still put a defence in as best you can based on what you find online. Putting in a defence will push the case to a hearing giving you more time to get help. If you don't file a defence the landlord will get a default judgment and the process will go rather more quickly.

- Contact the council to explain that you are about to be evicted and explore your options for emergency/social housing.

Fair&Pure

steampowered wrote: »

The definitive legal answer to your question on timing is that the time for filing your defence runs from the deemed date of 'service' of the claim form.

Where a claim form is served by post, the deemed date of service is 2 business days after posting. This would take you to 26 June.

I would suggest that you do the following:

- Contact the landlord's solicitor in writing (e.g. email) to confirm that you have received the court form with a postmark of 22 June, and therefore you understand that 26 June is the deemed date of service from which the 14 day deadline for serving a defence begins to run, notwithstanding the earlier issue date. Ideally attach a photo of the postmark. Invite them to contact you if they have a different understanding of to the timeline.

- Did you only make your offer to clear the rent arrears verbally? If so, contact the landlord's solicitor in writing (in a separate letter or email headed 'without prejudice save as to costs') to repeat your verbal proposal and confirm that it still stands. It is important to get these things recorded in writing.

- I would suggest that you approach the CAB and Shelter for help and advice on your options, and help pulling together a defence. You could also try posting over on CAG where you'll find people with more expertise on eviction proceedings.

- If you cannot get help/advice in time, you should still put a defence in as best you can based on what you find online. Putting in a defence will push the case to a hearing giving you more time to get help. If you don't file a defence the landlord will get a default judgment and the process will go rather more quickly.

- Contact the council to explain that you are about to be evicted and explore your options for emergency/social housing.

Excellent info, thanks. I now notice that the envelope the court papers arrived in is from a court in Surrey. The claim form itself says the case is with a court in London, local to me. Then, on the defence form, where they should have entered the name of the court, they have instead entered the first name and surname of some man I have never heard of (definitely not the name of the landlord.) Am so confused! It's looking as if perhaps the application was filed in the London court and then sent on to the Surrey court for some reason.

I've actually no clear idea at this point where to send the Defence Form back to.

steampowered

Fair&Pure wrote: »

Excellent info, thanks. I now notice that the envelope the court papers arrived in is from a court in Surrey. The claim form itself says the case is with a court in London, local to me. Then, on the defence form, where they should have entered the name of the court, they have instead entered the first name and surname of some man I have never heard of (definitely not the name of the landlord.) Am so confused! It's looking as if perhaps the application was filed in the London court and then sent on to the Surrey court for some reason.

I've actually no clear idea at this point where to send the Defence Form back to.

What a mess. I would suggest the papers should go to the London court, but it is difficult to know unless you can post a photo of the form with personal details removed?

You will need to serve a copy of the Defence on the landlord's solicitors too. Email is not valid service unless they have specifically consented to that - you'll probably need to use a physical letter or fax.

Fair&Pure

steampowered wrote: »

- Contact the council to explain that you are about to be evicted and explore your options for emergency/social housing.

Council said they might put me in a bed and breakfast, hostel or refuge while they investigate my case.

Fair&Pure

steampowered wrote: »

What a mess. I would suggest the papers should go to the London court, but it is difficult to know unless you can post a PDF of the form?

You will need to serve a copy of the Defence on the landlord's solicitors too. Email is not valid service unless they have specifically consented to that - you'll probably need to use a physical letter or fax.

Nowhere in the court papers does it mention that I must serve the Defence on the landlord's solicitors. Considering how important this is --- losing your home! -- it's incredible how vague and shambolic it all s.