I had already concluded you screwed up the s21. I asked about the s8 grounds. Keep it simple.

They've asked for a hearing because they want to go for another eviction, but the possession order is over six years old, and therefore they need the permission of the court to execute a warrant (for eviction). It's a bit of a formality, because with £21k of arrears, it's a certainty that they'll receive permission, however, if you can show that you can maintain payments going forward, including an offer that will clear the arrears within the remaining term of the loan, then you can ask the judge to put a future date on the execution, which means unless you fail to make payment, the mortgagee can't execute the warrant.

The court will ask one question of her regarding the deposit: have you got the money? Her answer will have to be 'yes', therefore she has no claim with regards to that. The issue of the difference in signature isn't particularly complex, except for the fact that the person signed it in your name. If they'd signed it in their own, on your behalf, that would not be an issue. Ultimately, whatever the signature on the tenancy agreement, the tenancy exists. If the court finds the signature to be a forgery, then there still remains a tenancy. I would suggest that you get the person who signed on your behalf to write a witness statement to that effect, and to present themselves in court on the day of the hearing. Nothing quite like witnesses who have made statements and appeared in court to confirm what they did to persuade a judge that nothing untoward was intended, or in fact, occurred. If the tenancy agreement makes provision for service of the s21 by the method you chose to serve it in October, then it will be deemed as served, whether she claims she received it or not. I doubt that the Royal Mail has provided evidence that they delivered a special delivery letter two months after it was sent - you'd have a claim against them! However, if the judge believes her, the s21 notice will be thrown out. I suggest you issue another one now, just in case. What date did you file in court? It is material that filing in court must not have occurred until after the s21 notice ran out. If you did it before - then the claim will be struck out. I am more interested in the s8...what grounds were pleaded? You may have more chance of succeeding under the s8 than the s21, which it sounds has been royally screwed up.

That's not accurate. With mortgages the legal fees are part of the contract, and unless struck out by a court as unfair, then the costs remain - which means any litigation taken by the mortgagee is covered, from sending out letters from their legal department to their fees in court, whether or not they win or 'lose'.

Was your s21 notice appropriately served, with the correct dates? Was the deposit (if any) protected within the required time and the prescribed information provided to the tenant? If the answer to both the above is 'yes' - it won't matter a blind bit what 'defence' the tenant puts forward as the court has no option but to award possession. If, on the other hand, the answer to either of the above is 'no', then you won't get possession.

The pre-action protocol only applies to the period of time PRE ACTION, as it states. The OP's relative had proceedings issued already, obviously had a suspended order and breached that, hence the warrant of execution being issued, and the notice of eviction, followed by the eviction itself. OP hasn't come back for further advice anyway - so perhaps they went to see a solicitor, as suggested a week ago.

The whole 'change of solicitors means they're worried or on the run' is a complete and utter misnomer which gets perpetuated by people on internet sites repeatedly saying the same thing (on the premise: say it enough and people will begin to think it's true). It is not unusual for anyone to change their solicitor mid way through a case, for a variety of reasons, usually because there is something that another solicitor is more experienced in, but often because the amount of work one firm has means they cannot follow through on everything directed their way. It means absolutely nothing in relation to the strength or weakness of the defendant's case. OP should certainly be looking at making a claim for the charges - until he/she does so, there is no counterclaim as the judge will take the contract as it is written (unless there is a pointer in the defence which indicates unfair terms), and will judge on the facts before him, not on the underlying agreement. The argument has to be raised in court for the judge to consider it.

The alleged 'bad advice' was to do with the sale of the property - that person did not say 'don't bother responding to any letters from your lender'...so whether there was actually any bad advice is debatable. The person dealing with the property sale may not have been a solicitor in any case, so whether they could apply 'for free' is also debatable (not that they ever would since it's a complicated area of law to argue and probably not the sort of thing a conveyancer comes across very often). Allegedly not getting the bailiff's note is insufficient - other paperwork arrived well and fine. As I said, the challenge has to be made on specific areas of law so he'll need a solicitor.

He can't apply to have it suspended - it's been executed. It's over unless he has valid grounds for applying to have the order set aside - for which he will NEED a solicitor.

A s21 notice is neither of the things you mention - it's neither a 'mandatory eviction notice' or a 'possession order'. It is a notice, issued by the LL, informing the tenants that he intends to seek possession of the property after a specified date. A s21 can be challenged on various technical issues, and on discriminatory grounds... If you want the tenants out for a reason they will identify as discriminatory, expect them to inform the judge - and if that is true, your s21 will be rejected. It may be a no fault claim, but it CAN be defeated in certain circumstances. A s8 is the better way - and there are multiple mandatory grounds you could use, but if you don't state what the issue is, no one can advise.

Just for future reference, it is obligatory to share any documents you intend to rely on in a court of law, with the opposition. So next time your opponent asks for copies, you really ought to hand them over. The only thing you do not have to hand over is the income and expenditure form (or your phone number as you can insist on them communicating with you in writing), but if the judge tells you to hand them a copy of an I&E then you have to. There's no point in filing a defence, or writing a defence, if the claimant does not have the opportunity to see it.

It's not necessarily theft - the other tenant could claim the stuff was abandoned, they could say they threw it out, not sold it. There has to be an intention to permanently deprive a rightful owner, before theft can be made out - and in the circumstances described, it could be reasonably argued that the stuff had been abandoned. The police almost certainly will not be interested and will tell you it is a civil matter, which you can resolve through the courts. Under what circumstances did you move out? Did the LL say you could leave stuff there (doubtful since you said there were rent arrears and a solicitor involved - even if now resolved). If the LL did not give permission, then it will be reasonably assumed you abandoned the stuff and therefore the LL could dispose of it as she saw fit. She is not obligated to look after your belongings after your tenancy has ended, it is your obligation to remove them on the last date of the tenancy, or on the date that was agreed for you to leave...otherwise the LL is entitled to continue to charge you rent for the property your stuff is still occupying.

The only way a home owner can be 'forced' to give up their property is via the courts - i.e. in possession proceedings. The properties being referred to as 'distressed sales' are actually in receivership.

If you get it in writing from the mortgagee, then there is no need to attend court. However, if the hearing is imminent (oh, I see it's on Monday), then if I were you I would go along to court just to be on the safe side. It is highly likely they have asked the judge to adjourn with liberty to restore, and as I said, you should ask the judge to limit that to a defined period - usually 12 months.

The judge has no jurisdiction over the charges added to your account - you have to challenge those separately to the possession proceedings, although you must tell the judge if the charges have been added to the ARREARS figure. They are correctly applied to the mortgage account itself - though still can be subject to your separate challenge. If you have paid off all the arrears before the proceedings take place, then you should ask the judge to strike out the claim. It is very likely what the judge will actually do is adjourn the proceedings with liberty to the claimant to restore. If he says that, ask if he will limit the liberty to restore to a one year period from the date of the hearing. The judge will not order a possession order, or a suspended order if there are no arrears on a mortgage.

I looked at your paperwork - I cant find any fault with the s21, and now you confirm the deposit is protected, there will be a possession order granted. The second s21 is immaterial if there was no intervening new tenancy agreement between the first tenancy, service of the first s21 and service of the second. You can't 'set aside' on any basis, firstly you're not the judge and secondly there is no order for you to apply to have set aside. There is no point in defending as the s21 is valid and the dates are correct), and the claim form is properly filled in, in respect of it containing information about the notice served, how it was served, when it was served, when it ran out, and when the claim was started. Costs do not have to be specified on the form - your tenancy agreement may allow the landlord to claim all his legal costs, so he may present you with a schedule of costs at court. You can of course object to this if you think it is too high, and ask the judge to use his or her discretion to award fixed costs or summarily assess the costs. If you want extra time beyond the standard 14 days, I'd suggest you ask for that on paper, as your LL has left the 'decide on paper if tenant requests extra time' on the claim form - so you could ask for the full 42 days, and the judge may allow it (you have to have good reason for it to be granted). Overall, you are risking additional costs if you ask for a hearing, as you do not have a defence to this validly served s21 notice. The LL will have to make a separate claim for any rent arrears as the accelerated proceedings only allow for a possession order, not for a money judgment.

They are accelerated proceedings, so can be heard on the papers. OP is planning on entering a defence, but the defence points stated above are largely irrelevant. The only valid defences to a s21 notice are a) that the notice was incorrectly served - that is, the dates are incorrect and it is not clear that two months notice was being served or b) that the deposit taken has not been protected in an approved scheme, which renders the service of a s21 notice, even with correct dates, invalid. So important information is missing: when did the tenancy start, how long was the contract for, and was a subsequent tenancy issued after the s21 notice was served in November 2010? Was a deposit taken, and if yes, was it protected in an approved scheme and did you receive the prescribed information from the landlord or his agent?

Once a court has made a possession order and suspended it on terms, the mortgagee is not entitled to make monthly arrears charges to the account UNLESS the mortgagor has defaulted on the terms given to him by the court. All payments under the court order are to be made to the CMI and the arrears ONLY. Do a spreadsheet for the court showing what you've paid over the time frame, and what the arrears should now be.

Your biggest issue is the end of your mortgage term is only 4 months away. Most lenders will expect repayment by the end of the term at the latest, or the sale of the property to ensure they get their money. Most mortgagees allow a run on period of up to two years after the mortgage term is over, for you to repay the loan and arrears, but they do not make this public knowledge, and they are NOT obliged to offer it. If they go to court, they WILL get a possession order once the term is over, as the court has no jurisdiction to order anything else at that stage. Your best bet is to attempt to remortgage/restructure now, not wait until March 2014. Admittedly, with arrears, you may find it hard to remortgage and may need to sell instead.

What country is this? We do not have 'distressed sales' in England and Wales, you didn't say your property was subject to a possession order. You'll need to provide more detail. What payments are you currently making? If any...is a good place to start.

Stay hearings are heard by district judges (resident and deputy), not by circuit judges, hence one addresses them as 'Sir' or 'Madam'...it is customary to add either to the END of the sentence, not the beginning. Do not ask the judge's permission to speak, he/she will come to you when they are ready to hear from you. If the other side say something that you disagree with, the judge will come back to you, if not, THEN ask if you 'may address the point made by....' (it is useful to ask the rep's name outside of court so you can use their name, if not, say 'the rep for the mortgagee' or similar). Bail hearings are heard in criminal courts, your stay hearing is in a civil court, unless your county court deals with both matters (not the usual course of things). Stay hearings are all listed at the same time for a given day, and are slotted in to whichever judges' list has space - so don't expect to be seen at 10 am, it's very unlikely to occur. If you can afford the CMI plus something towards the arrears, a judge is very unlikely to award possession (so long as you have proof). Good luck.

Just to add, for the hearing tomorrow. Ask that the judge stays the eviction on the basis that there is no prejudice to the lender to wait whilst the property is sold because a) you are offering the CMI plus something towards the arrears in the interim and b) a property that is sold whilst occupied always achieves a higher price than a repossessed property and c) the property has substantial equity, which supports the fact that there is no prejudice to the lender in awaiting the sale. The judge will be looking to ensure that there is no prejudice to either side by the decision that he makes - if he fails to stay the eviction, then he has caused prejudice to you for the reasons above...and you should definitely appeal to the circuit judge immediately if that happens. Based on experience, it is extremely unlikely that you will lose your home tomorrow, largely because you are in a position to pay the CMI plus something towards the arrears.

That's a rather large discrepancy in the arrears. Why would they say it was a year's worth if it is only two months? They were guaranteed possession even if it was only two months arrears. You may be able to get extra time, but it will be up to the judge - they only have to give extra time if the circumstances are exceptional, so merely being disabled and ill may not be enough - it would probably need something like severe disability and requiring care that cannot be provided elsewhere...this is not hugely likely if you are living in private rented accommodation. But you should definitely apply because the judge may be sympathetic to your circumstances. Yes you will have a money judgment against you if the LL asked for that in court - the court order you received should state if one was given. That will turn into a county court judgment once the time the judge listed is up (usually 14 days). You can't appeal unless you are saying the judge got the law wrong...you've not mentioned that. You could apply for a set aside (form N244), but you said the hearing was in early November and you are supposed to make the application as soon as you can, which you have not. You may still have a day or two in which to file an application. You may be better off waiting for the notice of eviction to come through from the bailiffs and then making a stay application (on form N244) to ask for additional time. If you plan to use this option, then I suggest you start paying your rent and something off the arrears. Don't expect any judge to be sympathetic if you've not made any payments towards rent or arrears by the time you make your application.

It is probably not worth you making a stay application - not unless you've cleared the arrears in any case, and even then, the possession order is mandatory on the day it is given, so you would be relying on your landlord allowing you to stay. The question then is whether to make an application to get the order set aside. You can do that as of right as you were not present at the hearing, however, the judge can dismiss your application if the arrears still stand at the time of the hearing. How many months are you in arrears? Ground 8 indicates you are at least 8 weeks or two months in arrears (whether rent is paid weekly or monthly), and that you were in that level of arrears when the notice was served on you and were still in arrears to that level or more on the date the hearing took place. If so, and the evidence suggests that was the case, the judge has no option whatsoever than to award possession. It would have made no difference if you were present or not...the only difference would have been had you reduced the arrears before the hearing and then appeared. Unless you have some form of exceptional hardship, then you are very unlikely to get the possession order extended to 42 days, which would now be the only thing left to do...I don't think it's worth the application, but the choice has to be yours.

The answer you gave doesn't relate to the questions I asked. What notice was served on you informing you that the landlord intended to go to court to get possession? Until you answer the questions put to you, you're not going to get accurate advice on what to do. Since I don't have all day, the sooner you give the answers, the sooner you will know what (if anything) you can do next.