S21 expired, had VA but court have said cannot get possession without TA

blue_monkey_2

We are the tenants (as some of you know my story already I'll keep it brief)

Have been served Section 21 by LL.

This has expired.

Council have told us to stay put until eviction date is given and then go to homeless department.

The LL spoke to Solicitor to check section 21 was OK and there was no mention about the verbal agreement being problem.

I have been speaking to the council who have been advising me on what LL has to do as initially LL told us to leave but we have nowhere to go and they also know that we had a verbal agreement - neither mentioned that this would be a problem and how to progress.

LL has been to the court today to file for the possession order thing and has been told that it cannot be done without a tenancy agreement. LL now has to get one drawn up. Can someone tell me what impact this will have on us as tenants - could they write something in it that should have happened in the past but we never did, this getting us in trouble? Sorry, that probably sounds daft but I want to be sure.

And now the rant.....

Always something else to worry about, I just want to be able to close my eyes at night and get to sleep instead of everything racing around as it's been almost 3 months now and it just feels like we are living in 'limbo'. Is there ever going to be an end to this stupid sorry mess? Will we be here forever being ignored by everyone as we are in the way of LL getting the sale? House is already on the market, can't face another person and another agent traisping round and trying to keep the kids mess tidy all day. Kids are picking up on something going up and the tantrums and fights are getting worse (that's just us, not the kids, LOL - keep smiling and all that!!) and I am just exhausted. Plus I want to know just where we are going to be living and when I have to leave, what schools the kids are going to have to go to, where I can choose a dentist, doctors, clubs for the kids.... the end just really does not seem in sight some days. Rant over, sorry.

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!!

I hope this helps anyone else who might have these problems with not having an agreement in writing!!

clutton_2

do try to stay calm - i know its not easy - you have been granted a while longer to stay in the property as the LL will now have to resubmit and it will cost them another £150 for a possession order plus £95 for a bailiffs warrant. There is nothing you can do - you are at the mercy of the courts and the LA housing department - so try to stop fretting - this will only make the kids more fractious. The LA HAS to rehouse you - you know that - i guess its the "how and where" is what is causing you the stress. Try to do a little packing/de-cluttering every day so that when the day arrives, (maybe with little notice) you will be that much more prepared.

on another thread i wrote - start 3 months before putting the house on the market - and EVERY time you leave the house, take something with you - to the charity shop, to the dustbin or to the recyclers. its quite a liberating thing to do.

very best wishes

Loretta

I think that this is cruel, the Court has to grant the landlord possession, the Council has to house this family, why do they have to put everyone through the expense and the worry especially when there are children involved.

I know that some people try to play the system but if the Council checked into this properly surely they could work out who is genuine and who isn't and save all this trouble and expense

Blue Monkey, I have just noticed you have pm's me I will answer now

Tori_Bellatrix

clutton wrote: »

do try to stay calm - i know its not easy - you have been granted a while longer to stay in the property as the LL will now have to resubmit and it will cost them another £150 for a possession order plus £95 for a bailiffs warrant. There is nothing you can do - you are at the mercy of the courts and the LA housing department - so try to stop fretting - this will only make the kids more fractious. The LA HAS to rehouse you - you know that - i guess its the "how and where" is what is causing you the stress. Try to do a little packing/de-cluttering every day so that when the day arrives, (maybe with little notice) you will be that much more prepared.

on another thread i wrote - start 3 months before putting the house on the market - and EVERY time you leave the house, take something with you - to the charity shop, to the dustbin or to the recyclers. its quite a liberating thing to do.

very best wishes

This is really good advice - I'm moving this weekend and in the last few weeks started sorting through all my junk, recycling what I can , giving stuff to charity shops or just throwing it away .... Trouble is, I still seem to have loads of junk left ..

clutton_2

my dining room table is now up to about 4 foot high with stuff to take to the charity shop - had car probs - but at least a huge amount will be gone in one hit when its fixed !!!!!