how long would it take for court order

helpneeded2014

Please note this is not us feeling sorry for ourself, just need adivce.

We live in a rented bungalow have done for over 4 years landlord wants ir back for a family member, so we have now got a coucil flat but it's got to have alot of work done so not sure when it's going to be ready.

We have to be out on the 03-10-2019 so not long i was going out our stuff in storage and sleep int he car with the wife my son and dog, but been adivesd that's going to be good with all our health problems main one being we both have Emphysema, but don't really want to stay longer than the 3rd because they take us to court and cost us even more so not sure what to do now.

But does anyone know how long it would take them to take us to court and get us out please.

xylophone

so we have now got a coucil flat

What does the Council say about your situation? Offer of temporary housing?

Fosterdog

Has your landlord served you with a s21 notice or just asked you to leave by a certain date?

It will take several months for a landlord to get an eviction granted through the courts so do you have a date yet for when your council property will be ready?

helpneeded2014

xylophone wrote: »

What does the Council say about your situation? Offer of temporary housing?

told us they can't help with tempory housing

G_M

helpneeded2014 wrote: »

....

We have to be out on the 03-10-2019........but don't really want to stay longer than the 3rd because they take us to court and cost us even more so not sure what to do now.

But does anyone know how long it would take them to take us to court and get us out please.

Well either you leave on the 3rd -you say "don't really want to stay longer than the 3rd" or you stay till the court orders you to levae, bu you say: " how long it would take them to take us to court" which suggests you might stay.

Which is it?

Where does the date of 3/10/19 comefrom?

* Is that the end of your fixed term?
* have you received a S21 Norice?
* is your tenancy periodic?
* have you checked the S21 is valid? See these 88 questions:

S21 checklist (Is a S21 valid?)


See also

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

AdrianC

Talk to your landlord. It's massively unlikely that their new tenant (family member or not) is going to be moving in on the 4th. Frankly, even if they're expecting to, that's not your problem. He'd be a fool for doing anything before confirming that you've moved out and the place is in a habitable state.

Even if he says no, then he can only start legal proceedings on the 4th if you haven't moved out. But they will take a considerable amount of time. And he cannot physically evict you until they've completed, and a court grants him possession.

Yes, it will cost money if he starts the route to being legally granted possession - and I appreciate it's money you don't have. But it's going to be cheaper than a Travelodge or B&B for several weeks, and a damn sight better than three people + dog trying to sleep in a car.

At the outside, the council will be legally obliged to sort you temporary accommodation if a court does grant possession against you, but not until that point.

helpneeded2014

G_M wrote: »

Well either you leave on the 3rd -you say "don't really want to stay longer than the 3rd" or you stay till the court orders you to levae, bu you say: " how long it would take them to take us to court" which suggests you might stay.

Which is it?

Where does the date of 3/10/19 comefrom?

* Is that the end of your fixed term?
* have you received a S21 Norice?
* is your tenancy periodic?
* have you checked the S21 is valid? See these 88 questions:

S21 checklist (Is a S21 valid?)


See also

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

the 3rd is the date on the section 21 and the council check it's valid

if the court order is going to take over a month i will stay but if it's a week i wont because i will have to pay all the fees on top

AdrianC

It'll take several months.

helpneeded2014

AdrianC wrote: »

Talk to your landlord. It's massively unlikely that their new tenant (family member or not) is going to be moving in on the 4th. Frankly, even if they're expecting to, that's not your problem. He'd be a fool for doing anything before confirming that you've moved out and the place is in a habitable state.

Even if he says no, then he can only start legal proceedings on the 4th if you haven't moved out. But they will take a considerable amount of time. And he cannot physically evict you until they've completed, and a court grants him possession.

Yes, it will cost money if he starts the route to being legally granted possession - and I appreciate it's money you don't have. But it's going to be cheaper than a Travelodge or B&B for several weeks, and a damn sight better than three people + dog trying to sleep in a car.

At the outside, the council will be legally obliged to sort you temporary accommodation if a court does grant possession against you, but not until that point.

it's one of there family moving in and they have an house so not really in a rush, i have spoken to them but all they say is no and we will start court proceedings striagt away how long does it take and how much will it cost me.

helpneeded2014

AdrianC wrote: »

It'll take several months.

are you sure it takes that long someone said just weeks

G_M

helpneeded2014 wrote: »

the 3rd is the date on the section 21 and the council check it's valid

:rotfl::rotfl::rotfl:


(sorry - forgive my cynicism! Check for yourself!)