Bailiffs Eviction - applying for a 'stay'? Stopping Bailiffs? Form N245?

blue_monkey_2

We are due to have a letter giving a date for the bailiff to evict us so am getting prepared.

The council have told us we can apply for a 'stay' to give us a bit longer. I have searched all over the internet and cannot find anything.

We do not owe any money. The house is for sale and the landlord, my mother, wants us out. The council have told us to stay and that they will put us in a hostel a few days before the bailiff comes to evict us so we are not actually here when they arrive. She has told us that we have to apply for a 'stay' (I think) to give us/them more time but I cannot find any info on it and am just getting confused the more I look.

All I can find is Court Form N245 - Application for suspension of a warrant and / or variation of an instalment order.

However, it states at the top of this 'I cannot pay' and the goes on to ask lots of other questions about money and how much we can pay. But we do not owe anything so cannot fill this form out. Have I missed something? Is there a different form I should be filling out?

Please can anyone else help on what form it actually is or is there no other option and the council are confused (it seems no-one is used to a case such as ours so it is possible).

Thanks in advance.

foxwales

As you don't owe any money; doesn't seem appropriate to use an N245.

The court would have issued a possession order on the property to get you out.

As the bailiffs are now due in; im assuming the court order date has either passed or is due to come into force; which give your landlord the legal right to have bailiffs remove you from the property.

You should have had the opportunity to apply for an extension when the court order for possession was being issued but you would have only got an extension to stay in the property on grounds of hardship.

Contact the court where the case was dealt with; explain to them your situation and they may be able to assist. You might still have time to ask for an extension. If not them i'm afraid you will have to leave.

Loretta

blue_monkey wrote: »

We are due to have a letter giving a date for the bailiff to evict us so am getting prepared.

The council have told us we can apply for a 'stay' to give us a bit longer. I have searched all over the internet and cannot find anything.

We do not owe any money. The house is for sale and the landlord, my mother, wants us out. The council have told us to stay and that they will put us in a hostel a few days before the bailiff comes to evict us so we are not actually here when they arrive. She has told us that we have to apply for a 'stay' (I think) to give us/them more time but I cannot find any info on it and am just getting confused the more I look.

All I can find is Court Form N245 - Application for suspension of a warrant and / or variation of an instalment order.

However, it states at the top of this 'I cannot pay' and the goes on to ask lots of other questions about money and how much we can pay. But we do not owe anything so cannot fill this form out. Have I missed something? Is there a different form I should be filling out?

Please can anyone else help on what form it actually is or is there no other option and the council are confused (it seems no-one is used to a case such as ours so it is possible).

Thanks in advance.

Hope you are OK I have been wondering what was happening

silvercar

The council have told us to stay and that they will put us in a hostel a few days before the bailiff comes to evict us so we are not actually here when they arrive. She has told us that we have to apply for a 'stay' (I think) to give us/them more time but I cannot find any info on it and am just getting confused the more I look.

I would go back to the council and tell them that you cannot apply for a "stay" as you are not in arrears.

Time for the council to pull their finger out and find you a home.

blue_monkey_2

Hi Foxy,

Yes, possession date was on 16th April. We went to see the council 6 days before this and they offered us a place in a hostel, or, because my son has learning and behaviour problems along with Autistic Spectrum Disorder it is not the best for him. So, they offered us 'more points' to stay where we was and wait for the bailiff (of course, those points never materialised but that is another story!!). They said they would house us before the bailiff actually arrived but to apply for the stay. So we should get the letter any time now really.

We applied for an extention to the court order but they only gave us 14 days, my mother asked for the court to give us 6 weeks also but her request was also denied and it was 14 days. Which was a bit of ashock to be honest as it is not like she has even has a buyer!!

I will do that when the papers arrive, I just wanted to be sure I had not missed anything becuse of what the council have told me todo, I do not want them to turn and say that I had not done enough to stop being made homeless. And knowing the dirty tricks they have pulled so far I want to mak sure my a!!e is covered!!

Many thanks

silvercar

N244 is also a form used to apply to the court for the removal of an order, but again it looks like it relates to financial issues. Maybe ask the council what form is relevant????

blue_monkey_2

Thanks SC, will do that, you know me, just like to be prepared

Thank you

clutton_2

i think this is the council trying to get out of their responsibilities - i had a very similar scenario - where a tenant was advised by the council that her solicitor could ask for a stay - when she could not. They did rehouse her before the bailiffs arrived. Since you have disabled children, i would contact Shelter - maybe you have done so already, sounds like you need someone in the full housing knowledge to fight your corner for you .........

Fred1_2

If your mother doesn't have a buyer, why is she evicting you? She could market the property with you in it and that would give you time to find somewhre else to live.

blue_monkey_2

Just checked elsewhere http://www.compactlaw.co.uk/free_legal_information/public_housing/pubhf10.html

It seems that the form to fill out is N244 so I will wait until the date or bailiff arrives, I missed this one totally, thanks SC.

travelling_hat

Get in touch with your local Citizens Addvice Bureau, they usually have a solicitor who you can visit for free. You need to talk to a legal professional as soon as possible. As your child is disabled you will have a social worker get them to help you, and Im sure all of this is getting you down, if the coucil have promised you extra points go back to them and push them. Im sure if the member of the council who dealt with you was going to be removed from their home they would remember to add the points! The louder you shout at the council and with Social services the more help you will get. As a last resort take food and blankets and sit in reception until you get the help you need if you make it clear your not going to be just swept away, something will be done especially if they think you are willing to spend the night, and you can always do your media interviews in the reception with your disabled child! use this as a last resort and dont tell them your going to stage a sit in until you are actually doing it. but if you push your social worker and your council they both should help , make them do their job and get legal help quickly. Good luck