Eviction

RAS

If you have a carer coming in, presumably you've had a formal assessment?

Go back to that person and explain that ask for another assessment based on your current situation and the need to be re-housed. Although there may not be any "council" house there may be other providers to whom you can be referred who only provide to a limited group.

But get a move on, as you'll need to move sooner rather than later.

saajan_12

PoppyVale said:

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. - right, as agreed per your contract.  
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. - so they haven't given a possession date yet? Under S21 if the LL has now regularised the tenancy, they will be able to evict you eventually, just a question of when. 

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.- have they said you need to wait, and any harm in submitting now? Their decision will be to evict, and even if not, whats the harm in making an (at worst) redundant application?
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. - sorry to hear that. You will have to look for a house regardless, but you may be able to get more time than others due to the medical points, but only IF you submit them. 

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. - that sounds like a long term plan, and not one that'll be on a timescale that you can factor into this present situation. 

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

Comments in line. Get your medical points in asap in the hopes that they give you more time. Just to brace you, but you will have to move eventually (in weeks / months, not years). So concurrently with the extenuating circumstances application, you also need to start making plans to move (eg finding rentals, contacting council social housing, decluttering / packing non essentials). 

PoppyVale

Thank you all for your replies. Apologies for the delay. I am currently admitted in hospital so not had the chance to pick this up. I live with my husband so him and the carer support me. My husband has sent an email to the courts today and also dropped a letter in. We just need a few months to find a new place. I have been quite ill for some time so we've not really been able to look for a new place due to my situation. 
My husband has booked a few viewings, hopefully something comes through. He's asked for the courts to give us 12 weeks to move out. I do really hope they approve this. 

PoppyVale

Just an update, we wrote to the courts and asked for a little more time to find suitable accommodation. Also got a letter from landlord that bailiffs proceedings have started. The court replied saying we call them when we get a letter from the bailiffs. 

We are actively looking for a new place. I am still in hospital so my husband is the only one viewing. 

Thank you all for your advice. 

PoppyVale

Hi, sorry I have to revive this post. We have managed to find suitable accommodation. This has been really difficult but am glad we finally did. We did however get an eviction notice and the bailiffs are planned to come here on 25. We can't move into the New house until 27 and we've been to court today asking for a 3day extension so we can at least move into the New place. Unfortunately, only a three months notice extension can be issued due to the law. We cannot do this as we'll be paying double rent.

The judge however advised us to appeal the eviction to give us more time. My question is, what are our options right now. It has been a very stressful period and all we need right now is a few days. 

theoretica

PoppyVale said:

The judge however advised us to appeal the eviction to give us more time. My question is, what are our options right now. It has been a very stressful period and all we need right now is a few days. 

I am glad you have found somewhere!

Options that I see are to take the judge's advice and appeal.  Contact the charity Shelter for their expert advice.  Ask your landlord and bailiffs for a 3 day delay.  Book an Air BnB or equivalent for for a couple of nights/see if the children or you could sleep over with friends/find temporary storage for stuff.

PoppyVale

Thank you. I will contact shelter first thing in the morning. Landlord has not been very forthcoming I doubt he'll agree but we'll try. 

mi-key

PoppyVale said:

Hi, sorry I have to revive this post. We have managed to find suitable accommodation. This has been really difficult but am glad we finally did. We did however get an eviction notice and the bailiffs are planned to come here on 25. We can't move into the New house until 27 and we've been to court today asking for a 3day extension so we can at least move into the New place. Unfortunately, only a three months notice extension can be issued due to the law. We cannot do this as we'll be paying double rent.

The judge however advised us to appeal the eviction to give us more time. My question is, what are our options right now. It has been a very stressful period and all we need right now is a few days. 

Glad you have found somewhere. With the new house, will it be empty before the 27th or is that just when the tenancy starts? if it is empty may be worth asking if there is any way you can move in two days early, or even just move your stuff in there and stay in a hotel for a couple of nights.

It is worth taking the judges advice though, if it stalls the bailiffs and means they  have to go back to the court, this may buy you the extra couple of days needed

PoppyVale

Thank you for your kind advice. It will only be empty from 27 due to inventory and electrical repairs that need doing. Moving date was initially 24 and we were happy to move everything possible by then but after the electricity inspection, a few bits need sorting so we can only move in by 27. We will appeal and keep our fingers really crossed.

 It has been a nightmare living here but that's what you get when renting. We were given a notice 3 months after moving in but luckily covid hit. Due to my disability, its not been easy to find somewhere suitable. Can't wait to buy our own next year. 

ArbitraryRandom

If you submit an appeal (as advised by the judge) that normally delays things so the appeal can be heard.

You could risk it and submit the appeal on the 23rd or 24th (Thursday/Friday).

The hearing likely wouldn't be scheduled until the Monday, so you could then withdraw it first thing that morning and notify the court/your landlord that you have surrendered the property.