Possession Order

Nic088

Good morning,

Looking for a bit of advice.

I was issued with a section 21 notice and did not leave at the end of the 2 months, this was on advice from the CAB as I didn't have the money to pay the rent on the property I am currently in as well as obtaining a new property.

It went to court on November 25th and a possession order has been granted, this is for me to leave this property on or before this Friday (9th December).  This letter only arrived yesterday morning (Monday 5th December).

The landlord has texted and emailed to say that he will be at the property at 2pm on Friday to collect the keys for security reasons.

I still currently don't have the money to move but I certainly don't want to stay here any longer than I have to, I am awaiting a large inheritance sum which means I will be moving immediately.

Never been in this experience before so don't know what I can, if anything about the fact this letter has only just arrived.

Just to add, the landlord entered the property without permission back in October, didn't actually tell me but turned off appliances and plug sockets.  When I got home things had been moved so I knew someone had been in so I rang the police and when a scenes of crime officer came the next day he asked to ring the landlord as the alarm was going off and I didn't know the code (I had never been told) and the landlord told him that it was him that had come into the property.

Any help at all appreciated

Thanks

propertyrental

The visit by the landlord last Oct is history. No longer relevant.

You have had 2+ months to prepare for this, so "the fact this letter has only just arrived" is also not really relevant. You knew a S21 had been served. You knew had gone to court (did you attend?), so you knew the next step would be a possession order and eviction.

Sorry if that sounds unsympathetic, but Friday's deadline is hardly a surprise.

It's not clear if you also have rent arrears (?) though if so I'd have expected the LL to use a S8 Notice. However you are likely to have the LL's court costs added to what you owe.

You say "awaiting a large inheritance sum which means I will be moving immediately.". I'm guessing you don't mean 'moving immediately' but moving when you receive the inheritance? When are you likely to receive this?

Have you spoken to the LL about the inheritance? Might he give you some extra time if he knows about it? Failing that, and assuming bailiffs have been arranged for Friday, you'll have little option but to leave.

fatbelly

Friday's date is not an eviction. It is a date, beyond which the ll can aply for eviction

see this link

https://england.shelter.org.uk/housing_advice/eviction/what_is_a_possession_order_for_eviction

silvercar

If you don’t have sufficient income to pay your rent, then you should check if you are entitled to any benefits, in particular housing benefit to help you pay your rent.

Even if or when you are evicted you will still owe any outstanding rent.

theartfullodger

Depends how you want to play 

Option 1 - stay as long as possible.  Possession order expiry 9th Dec does not end tenancy nor compel you the tenant to leave.  That only happens when bailiffs arrive.  So ignore landlord's request for keys.  He has to apply for bailiffs and there is almost always a Xmas amnesty delaying these till new year at earliest.  You are perfectly legally entitled to follow this path, granted by the iron fist of Thatcher in the 1988 Housing Act th.at permitted landlord to issue section 21 .

Option 2.  Move out and reduce further arrears.  Sadly council may not help rehouse you as a single male with arrears.  Best likely is homeless hostel or homeless b%b or private rental of at least 12 months possibly hundreds of miles away somewhere cheaper.
.

Sorry 

macman

You can await bailiff removal or surrender voluntarily-the choice is yours. But bear in mind that your liability for costs will increase if bailiffs are instructed and entry is forced, should the LL seek to recover these expenses from you.
Did you not attend court and oppose the application for a possession order?
If you are awaiting an inheritance and it is still going through probate, that could take many months.

Nic088

propertyrental said:

The visit by the landlord last Oct is history. No longer relevant.

You have had 2+ months to prepare for this, so "the fact this letter has only just arrived" is also not really relevant. You knew a S21 had been served. You knew had gone to court (did you attend?), so you knew the next step would be a possession order and eviction.

Sorry if that sounds unsympathetic, but Friday's deadline is hardly a surprise.

It's not clear if you also have rent arrears (?) though if so I'd have expected the LL to use a S8 Notice. However you are likely to have the LL's court costs added to what you owe.

You say "awaiting a large inheritance sum which means I will be moving immediately.". I'm guessing you don't mean 'moving immediately' but moving when you receive the inheritance? When are you likely to receive this?

Have you spoken to the LL about the inheritance? Might he give you some extra time if he knows about it? Failing that, and assuming bailiffs have been arranged for Friday, you'll have little option but to leave.

No I don’t owe any rent.

I am actually not eating in order to keep paying the rent.

I couldn’t go to court, no money to even get there.

Friday was not for bailiffs but a date I needed to be out of the property.

I am grieving the sudden death of my father, so sorry if I am not coping well.  I have effectively had a nervous breakdown because of grief.  And no money meant I did not go to the funeral.

Probate has been granted, I am just waiting for my brother who was the executor to decide to give me my half.  As we don’t even speak anymore then I can’t ask him when that will be.

Nic088

macman said:

You can await bailiff removal or surrender voluntarily-the choice is yours. But bear in mind that your liability for costs will increase if bailiffs are instructed and entry is forced, should the LL seek to recover these expenses from you.
Did you not attend court and oppose the application for a possession order?
If you are awaiting an inheritance and it is still going through probate, that could take many months.

Didn’t have the money to get to court.

I have been told that probate has been granted but I don’t know when I will actually see the money

Nic088

silvercar said:

If you don’t have sufficient income to pay your rent, then you should check if you are entitled to any benefits, in particular housing benefit to help you pay your rent.

Even if or when you are evicted you will still owe any outstanding rent.

I’m not entitled to any benefits, have already checked as I am also a carer for my friend who has mobility issues

Nic088

Just want to ask what I do about the fact since Friday I have had the landlord knocking on the door and banging the window so hard he has almost put his hand through.

I spoke to someone at the CAB who advised I didn’t even need to communicate with him to tell him what I was doing.

The landlord visits 5 times a day from 8am until 9pm and it is intimidating.

RAS

Write to him and remind him that harassment is a criminal offence. And maybe go down to the police station and talk to the station officer. Make a formal complaint.

And write to your brother and ask for an interim payment. Even if it's just enough to cover a deposit and a month's payment. Any other family member who might intercede?

Plus get a benefit check with CAB or adjust your support for your friend so that you can claim.