Awaiting eviction vulnerable tenant.

BlackBird75

iammumtoone wrote: »

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.

This is good advice.
But remember, the landlord must keep the tenants possessions safely (in storage).
The landlord cannot just discard the tenants possessions.

BlackBird75

Tobby230 wrote: »

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.

That's all well and good, but if you can find something that the landlord has failed to do (e.g. deposit protection) it may give you a better bargaining position.

Did the landlord use an agent?
Are you in England?

Rosemary7391

I'm really not sure you'll get a month Tobby given that you've already had, what, 2 weeks S8 notice before court, however long a wait for the court date, and since the 13th September when you could have assumed given the rent situation that the LL would have been granted possession sooner rather than later. You need to find something serviceable ASAP, and work on suitable later on I think...

Rosemary7391

BlackBird75 wrote: »

That's all well and good, but if you can find something that the landlord has failed to do (e.g. deposit protection) it may give you a better bargaining position.

Did the landlord use an agent?
Are you in England?

I hope someone will correct me if I'm wrong, but I don't think this matters as much, if at all, for evictions under S8 - which rent arrears would fall under?

AdrianC

BlackBird75 wrote: »

That's all well and good, but if you can find something that the landlord has failed to do (e.g. deposit protection) it may give you a better bargaining position.

If it was s21 notice, then yes.
If, otoh, it was s8 on the grounds of two months rent owed, then no.

BlackBird75

Rosemary7391 wrote: »

I hope someone will correct me if I'm wrong, but I don't think this matters as much, if at all, for evictions under S8 - which rent arrears would fall under?

That may be true.
But the OP has little to lose, by the sound of it.

Tobby230

It was under S8, so the eviction is mandatory. I live in London.

The first hearing was scheduled in June but I asked an adjournment and it was granted. I was very ill.

The second hearing was on Sept 13. I asked for an adjournment because a hospital appointment was made for the same day and time. I think it's unfair and I should be given my chance to speak at court.

I made a counterclaim regarding poor maintenance of the flat.

I think in my absence all that was thrown out.

Of course from Monday I will start to look for accommodation and I can be as quick as possible
but it is not fair to receive a letter on a Saturday telling you you should have left a week ago. This is not justice.

AdrianC

So the adjournment that was denied was a second adjournment, three months after the first hearing date?


How much rent do you now owe?
When were you last up-to-date with the rent, and when were you last less than two months behind?


This letter on Saturday is hardly your first warning of imminent possession, is it? It's now four months since the initial court date.

HampshireH

Also its a bit late in the day for lack of certification etc though you could try. I imagine if your landlord is so well versed he has all basis covered. Based on no response to these points can it be assumed the landlord has followed the correct criteria.?

Factors above could all have been filed as a defence but the order is now granted.

As I said above. Could apply for a set aside/ stay but with no prospect of payment why would a judge suspend the warrant?

Wasn't dismissing the medical appt at all. But just outlining the cold hard facts.

There hasn't been any mention of attempting to rebook the medical appt/ submitting a defence into the court and getting a receipt to confirm it was received/ type of notice etc /speaking to shelter back in August/September / trying to get a court advocates guidance on the procedure / timescales etc /seeking advice from the council/ trying to find alternative accommodation /having benefits assessed for medical/disability and also housing payment part of UC to go towards rent etc

All of the things above would have left the OP more prepared for what is going to happen next.

OP CAB and Council Monday morning is a must.

HampshireH

Apologies my post crossed with 2 above