Awaiting eviction vulnerable tenant.

Tobby230

Hi

I'm a vulnerable tenant and I have a rather ruthless landlord. I have a chronic medical
condition and I became bankrupt several months ago. I started to receive Universal Credit
but I am not able to pay my rent.

My landlord started proceedings to seek possession of the property and he is a very tough and experienced landlord.On the day of the hearing I could not attend because I had
a medical appointment so the hearing went ahead (even though I put an Application Notice to have it adjourned) and he got an order of possession.

The problem is that the Central London county court is very slow and they wouldn't tell me anything over the phone about the outcome of the hearing. Only today I have received the order, which is typed on October 1st, telling me to vacate by or before 27 September.
Today is the 6th of October. What can I do?

The order says that the landlord has been given permission to transfer to the High Court for enforcement. I have read online that the High Court enforcement officers can execute the warrant in days. Does this mean they will come any day now?

This is unreasonable. I have not been given sufficient notice. The order was typed on 1st October to ask me to leave on a date prior to that. That is just crazy.

Can someone give me some advice? Can I do something to delay the process? I know I must leave, but if only they could let me have a month or so extra that would help.

theartfullodger

Call Shelter 0808 800 4444. They are open weekends, but there may be a long wait.


Was eviction under "accelerated procedure" please? Have you written (yes, written, keep copy) to court requesting more time, please?



Regrettably you should be aware that if landlord evicted for rent arrears ("section 8") or informs council of arrears then sadly the council may decide you are "intentionally homeless" (legal definition, not what most people would mean) and council don't have no rehouse you. See
https://england.shelter.org.uk/housing_advice/homelessness/rules/intentionally_homeless
- However law has changed this year and council should at least produce a plan for housing.
https://england.shelter.org.uk/housing_advice/homelessness/guide/homeless_get_help_from_the_council/personal_housing_plans



PLEASE 'phone Shelter and/or go see Citizens advice.



Hope things work out, best wishes.

Tigsteroonie

Tobby230 wrote: »

I know I must leave, but if only they could let me have a month or so extra that would help.

No offence, but you knew this was coming - you knew you were not paying rent, then you knew your LL had started proceedings. You've already had time to sort matters out. What difference would having another month at this stage make? Have you made no preparations before receiving that court order?

HampshireH

Contact the court and ask about the process or the CAB.

You had enough notice because you were given the court date.

Unless you had paid your rent up prior to that I'm not sure what more would have been expected of the judge?

Could apply to set it aside.

I assume you owe a fair bit or have no intention/ability to pay for the forseable for your landlord to escalate to high court rather than go via county court for a bailiff

Without sounding harsh I would suggest you take urgent action to find alternative accommodation because your debt is getting bigger

elsien

Not sure a landlord wanting his rent makes him ruthless. Just a practical business man.
I would go down and talk to the council about your options. And start packing. That's not intended as heartless, but if it's high court you will get very little notice.
Will you be able to pay rent in any new place?

BlackBird75

Your only option at this stage may be to fill your house with squatters, to deter the HCEOs....!

Has your landlord failed to protect your deposit? Gas safety certificate? EPC? etc.
Has he got a mortgage on the property? (Check Land Registry).
Has he informed his insurance company the house is let?
Has he declared the rental income to HMRC?

If you can find something like this he hasn't done, you may be able to cause him some trouble and disruption. But you don't really have much time.

But whatever you do, don't leave the house until the HCEOs physically escort you out. Otherwise you will definitely be classified as "intentional homeless".

Tobby230

Hi Thanks.

It wasn't an accelerated procedure. The hearing was on 13th September. I could not attend because I had to go to hospital. I called the court almost every day after that but they have a centralised call centre and they cannot give you any information because they say that the court has not entered it into the system.

They said that I would get a letter in 23 days. The letter arrived today and it was posted on 1 October. It says I should leave by 23 September.

I know I owe a lot and I'm unable to pay. However now I don't know whether the bailiffs will turn up on Monday. Im oK with looking for accommodation from Monday but I think I should have been given more notice from the moment of receiving a letter.

HampshireH

The notice would have been attending court.

At the end of the day you knee of the date and it was in your interest to attend.

Its harsh yes. But thats how courts work.

I agreed your letter should have been posted sooner but this would have been irrelevant if you had attended to save your home.

iammumtoone

No one can tell you when the bailiffs will come, but they will.


Start to prepare NOW, pack, ring round friends/relatives and ask if they can help by keeping some of your stuff in storage whilst you sort yourself out. Anyone willing to help take the stuff there now, so it is out of the house.


When the bailiffs come you will not have much time to get out. You can at least make that part less stressful by having everything packed and be ready to leave.


At the same time ring shelter as advised above.

Rosemary7391

HampshireH wrote: »

The notice would have been attending court.

At the end of the day you knee of the date and it was in your interest to attend.

Its harsh yes. But thats how courts work.

I agreed your letter should have been posted sooner but this would have been irrelevant if you had attended to save your home.

In fairness to the OP, I'm sure if they'd missed their hospital appointment and couldn't get another one they'd be getting exactly the same comments on that topic! Home or health isn't really a great choice


You say you're a vulnerable tenant - do you have a support worker? If you can't get hold of shelter or CAB you could try them.


Certainly you should make practical preparations to move - have an overnight bag ready in case bailiffs come unexpectedly with all your important documents in it, then work on the rest of packing etc.

Tobby230

The possession order states that I should be given at least 48 hours' notice prior to eviction.

I think I have more choices. I have read online that I should get notice from the Claimant that they
are obtaining a writ of possession from the High Court. Also I could apply to the High Court to suspend the writ of possession or make an application notice to the county court to suspend the order.

I think all these things will be dismissed but it can buy me time -- one month or so would be great to find
something suitable.