We are being evicted, some advice please...... the date has arrived......

MummyHol

It might seem like a long wait now but it'll be here soon enough.

Keep stong BM

blue_monkey_2

So, mother has just called from town, she has been to the court today to file the papers but they have told her they will not accept it without having a tenancy agreement!! Mum has said that we did not have one, and they said to get one. So now she has to get a tenancy agreement drawn up before she can file for possession, more money. They have given her the number of someone to call (don't know who) and she said she is speaking to my [older] sister tonight as well.

We are still going to be here by next Xmas at this rate. Good god, this is not going to put us back at the beginning again is it??

silvercar

Hmmm! I always thought an agreement could be verbal.

Hopefully someone can advise her differently but if she needs to start a new AST, the minimum term before which she can evict is 6 months.

blue_monkey_2

Hi SC, this is what I thought, shelter website says periodic AST if another agreement is signed after the initial one runs out so I don't get it unless they have changed the rules. In all honesty I am tired of being nice to my damn family when all I want to do is know when we are going and where we are going and whether this will ever bloody end!! This is initially what I thought, that she would have to start a new AST for 6 months. I wonder if she should have an agreement drawn to start when we moved in, say for 6 months, and then we would have been periodic as another agreement was never signed and she has stated the date that we initially moved in. At the end of the day, who will know that the piece of paper was drawn up yesterday? this is what the Shelter website says:

Periodic tenants


Once a fixed term tenancy comes to an end it will automatically become a periodic tenancy if your landlord doesn't ask you to sign a new fixed term agreement.

If you have a periodic tenancy your landlord does not necessarily need a reason to evict you. S/he may be able to a special procedure for ending an assured shorthold tenancy - it allows landlords to end an assured shorthold tenancy without a reason. The rules on how much notice you are entitled to will depend on whether this is the case:

<LI class=bullet>If your landlord is using a ground (such as rent arrears), the length of time on the notice depends on which ground your landlord is using. It can be either 14 days or two months, depending on the reason. <LI class=bullet>If your landlord uses the assured shorthold procedure the notice must:

<LI class=bullet2>be in writing <LI class=bullet2>be at least two months long (or the amount of time between rent payments, whichever is longer)
• end on the last day of a rental period
• state that it is by virtue of Section 21 of the Housing Act 1988.

Your landlord can give you a notice like this at any time before the end of the fixed term but it cannot expire until the end of the fixed term. If the notice is served before the end of a fixed term, the period of the notice only has to be two calendar months, and doesn't have to end on the last day of a rental period).

blue_monkey_2

So, it seems my mothers solicitor (the one who is doing the conveyancing - I think that is the word) can't even understand why they will not do it without a tenancy agreement either and has directed us to the CAB!

blue_monkey_2

Ah ha, and so it seems if there is no written agreement you cannot go through the 'accelerated possession' route with form N5B as they have been trying to do, if you want possession with having a verbal/oral agreement then you have to use N5 and the judge has to look at it in Chambers. For Accelerated Possession the judge just looks for the approriate paperwork being attached and signs it off. If we contest the N5B form then it'll go to a hearing as well.

Thank goodness for the internet!!

Wol2

Hi Blue Monkey

Just wanted to say "thank you so very much" .... your posts today have been invaluabe for ANOther. The two of you may want to swap notes with each other in the near future..although you may find that you personally are providing more practical help than receiving ..but the emotional support side may be reciprocal.

Will PM you over the next couple of days once I get my head around everything...and figure out the best way to do this (sorry to be so cryptic)

Much love
Wol2
xxx

christabell

Just dropping by to say hello and to see how things are progressing.

blue_monkey_2

Hi christabelle,

Good to hear from you. Nothing much to be honest, waiting for a court date but mum was turned away by the court yesterday as she had (we now found out) filled in the wrong forms. So, they will go in on Monday now and then we just have to wait for a date.

Just been browsing through and have found that the MP for our area has a surgery in a couple of weeks about 8 miles away so going to try and get an appointment to see him and ask what is going on. Should have a court date then as well but will as him why further evidence they need to show that the house is being sold and that we have nowhere else to go and why on earth they are expecting us to drag through courts and that we will then have to pay court fees getting us into more debt. Ryan will be with us as well so going to ask how they expect us to cope in one room with him.

Nothing ventured nothing gained and all that, I can only show myself to be a pain in the backside to annoy them and get help that way. And also going to tell him that we wrote to the other MP but never even got a reply!! He is his senior!!

Thanks for asking though, so no more news really. Hopefully it is the calm before the brewing storm and it's all going to kick off once that court dates comes.

silvercar

It is not you that has these court fees, its your Mum as landlord. Not your fault she filled in the wrong forms.

Asking your MP those questions is fine, he will appreciate the hell you are going through. His answer will probably be that that is the system and its necessary, at least in part, so that only those in genuine need are given priority.

The situation of your priority with Ryan is difficult. Bottom line will be that if you are homeless you have to accept whatever emergency housing they give you. When they rehouse you in suitable accomodation they will take his needs into account.

Only your own MP is required to reply to your post, the other guy may be his senior but on constituent matters they all only deal with their own constituents.

Trying to answer your queries but also sending you positive vibes.