Eviction

PoppyVale

Hi, I wonder if someone can please share some light on our situation. We were given a section 21 eviction notice. Never missed a payment for the three years we've been here. Landlord took us to court and we managed to get the case thrown out. She sent another eviction notice and the court passed a judgment for us to leave the property, but said if we have any extinctimg circumstances why we can't leave now, we should let the courts know. 

My question is, how soon do we have to leave if at all. We are still waiting for the court's decision in writing so we can apply for extinuating circumstances. I am registered disabled with a chronic illness. I am currently awaiting decision on some problems with my hip. I suffered a stroke few years ago due to my health issues so life is not very pleasant for me. I am already quite stressed as it is with all my medical issues. Looking for a house now is impossible. 

We have been saving to buy our first home but not ready yet especially with the interest rates so high. We have two young children and both work full time. 

Not sure why I am writing here but please be kind. Thank you. 

_Penny_Dreadful

Now that your landlord has been granted a possession order she can apply to the county court for bailiffs to physically remove you from the property.  How long that takes depends on the backlog at your local court, I suspect you will be looking at weeks before the bailiffs show up.

Have you been looking for alternative private rentals or been in touch with the council to see about help finding new accommodation? The fact you've never missed a rent payment is irrelevant in terms of your eviction as a Section 21 requires no grounds.  It will make you look more attractive to future landlords though.  Be aware that your landlord can claim her court costs and the cost of instructing bailiffs from you.

macman

It's worth pointing out that an S21 is not an 'eviction notice'.
Did you defend the second hearing in person?
It is possible that once the possession order is issued, the LL could elevate the case to use High Court bailiffs, in which instance you would not have any prior notice of eviction. 

_Penny_Dreadful

macman said:

It's worth pointing out that an S21 is not an 'eviction notice'.
Did you defend the second hearing in person?
It is possible that once the possession order is issued, the LL could elevate the case to use High Court bailiffs, in which instance you would not have any prior notice of eviction. 

You do get prior notice of eviction by high court bailiffs and if I remember correctly it is two week's notice you're given.  Once upon a time that wasn't the case but it is now.  To use High Court Enforcement Officers the landlord would have had to have requested this at the possession hearing.

Alderbank

PoppyVale said:

My question is, how soon do we have to leave if at all. We are still waiting for the court's decision in writing so we can apply for extinuating circumstances. 

What are your extenuating circumstances?

We might be able to help you with the wording of these.

macman

What was the date of the last hearing?

PoppyVale

Thank you all for your kind responses. The date of the last hearing was the 15th December. I don't even know if I can call this extenuating. I live with a genetic condition that makes life very difficult sometimes. I struggle to do most things due to a stroke I suffered many years ago. I have a carer that comes in to assist as have mobility issues too.

I am currently awaiting results of an mri scan for my hip which I fear might lead to an op. I have received an appointment letter for end of Jan to see an orthopaedic Dr and have to come with my consultant.

With all this and looking to move is causing me lots of anxiety and I have been struggling to sleep at night as a result. I am in pain 90% of the time. I feel fed up with life already 😔 but I want to be hopeful. 

anselld

You should submit your extenuating circumstances straight away.  Don't wait for the decision in writing because then the date will be fixed.
If the circumstances are accepted it will only affect the time allowed, not the actual decision.  You will still need to plan to move so you might as well start that process as much as it will be difficult.

housebuyer143

What are the council doing? Your need to give the possession order to them so they can rehouse you. 
You can't stop the eviction maybe at best delay it, but if the council plan to wait until bailiffs are at your door to rehouse you, a delay isn't going to do much for you. 
If you are trying for a new private rental the delay might be useful.

_Penny_Dreadful

PoppyVale said:

Thank you all for your kind responses. The date of the last hearing was the 15th December. I don't even know if I can call this extenuating. I live with a genetic condition that makes life very difficult sometimes. I struggle to do most things due to a stroke I suffered many years ago. I have a carer that comes in to assist as have mobility issues too.

I am currently awaiting results of an mri scan for my hip which I fear might lead to an op. I have received an appointment letter for end of Jan to see an orthopaedic Dr and have to come with my consultant.

With all this and looking to move is causing me lots of anxiety and I have been struggling to sleep at night as a result. I am in pain 90% of the time. I feel fed up with life already 😔 but I want to be hopeful. 

At best extenuating circumstances will buy you some more time. An extra 42 days if the judge believes it will cause you additional hardship. Sooner or later though you will have to move and with the timescales involved of buying a property in England it is another rental you will be moving into. I’m not trying to be harsh, I’m trying to give some realistic timescales and set out your options so that you don’t get blindsided. Other than your carer do you have anyone else supporting you? 

pinkshoes

PoppyVale said:

Thank you all for your kind responses. The date of the last hearing was the 15th December. I don't even know if I can call this extenuating. I live with a genetic condition that makes life very difficult sometimes. I struggle to do most things due to a stroke I suffered many years ago. I have a carer that comes in to assist as have mobility issues too.

I am currently awaiting results of an mri scan for my hip which I fear might lead to an op. I have received an appointment letter for end of Jan to see an orthopaedic Dr and have to come with my consultant.

With all this and looking to move is causing me lots of anxiety and I have been struggling to sleep at night as a result. I am in pain 90% of the time. I feel fed up with life already 😔 but I want to be hopeful. 

I appreciate you have some medical issues to deal with, but you seem to be burying your head in the sand here.

It is not your house, and the LL for whatever reasons wants it back. Defending things in court will buy you some more time, but ultimately you will need to find alternative accommodation, so you need to be making plans. As it has gone to court the LL can now pass his costs on to you.

1. Contact the court with your circumstances. This will get you more time to move but you will still need to move.

2. Look for suitable local rentals available. This way you can hopefully stay in the local area.

3. Contact the council and show them your court judgement and let them know about your medical issues, and they will hopefully re-house you. BUT... council houses in many areas are non existent so you could end up living in a B&B if need the council to house you.