Help eviction!!

[MrShed]

Can you post the full wording of the eviction notice, having removed any personal items?

 

And when did you originally move into your property?

[MrShed]

As a secure tenant, you are more likely to end up in the result Ell-enn has mentioned, provided you present your case as she mentions (i.e. proof of employment, offer of overpayment moving forward etc, combined with your recent sizeable reduction in arrears).

[worried of darlingon]

i have lived in the property since early 2007, i was made a secure tenant in 2008.

 

the eviction notice says

 

the court has issued a warrant for the possesion of the above property at the request of the claimant. the warrant gives the county court bailiff the authority to evict you and hand over possession to the claimant. this notice tells you the time and date when the eviction will take place.

 

the lots of writing about what to do.

 

it basicaly say act quickly and in some circumstances the court can decide to suspend the warrant and postpone the sate for eviction amd how to apply or that i can pay off all arrears to stop eviction.

 

thats all it says really. it doesnt say on what grounds it was made or anything like that

[MrShed]

OK that seems slightly different.

 

That does not appear to be a notice of intended possession from the council, but rather a possession order from the courts.

 

You must have received a previous notice from the council?

[Ell-enn]

The judge has the power to suspend eviction - your solicitor would have told you if it was pointless opposing the eviction. This is a council property and eviction can be suspended by the court.

 

If there was no hope of arrears being paid back or rent being met, then the judge may have no option but to order eviction - that is not the case here.

 

Stay positive.

[worried of darlingon]

i did but it was a long time ago, basically in june the council were awarded possesion of my property, but they had made an arrangment with me that provided i paid 10 pw (total) then until hb paid up i would be ok, they then went against this and went to court for possesion, i appealed the possession order, (not the eviction as it hadnt been applied for yet) so the court suspened the possesion order on the grounds that the 3.25 was paid plus water rates but then when hb didnt pay i was in arrears due to that, although i had been making the 10 pw payments, but i was in arrears once again. so basically the council were then able to submit and eviction hearing as box work to the court and a possesion order didnt need to be granted as the had it from the previous court hearing.

[worried of darlingon]

The judge has the power to suspend eviction - your solicitor would have told you if it was pointless opposing the eviction. This is a council property and eviction can be suspended by the court.

 

If there was no hope of arrears being paid back or rent being met, then the judge may have no option but to order eviction - that is not the case here.

 

Stay positive.

 

the solicitor actually told me i could lower my offer to 15 pw, she still thinks ill be ok if i offer that. so does this mean that the majority of applications to suspend are granted?

[MrShed]

Agree with Ell-enn I was a tad hasty with the earlier advice (Although it obviously was mentioned with the big caveat regarding tenancy type etc).

 

Due to the large one off payment you recently made, have you now kept the arrears value (if not frequency of payments) below the agreed level it would have been at had you kept up payments? Or close to it? If so, it is unlikely that the court will grant possession.

[worried of darlingon]

can i check aswell, can the fact that i paid the 1700 in the last week be used to prove that i can afford the payments?

thanks for your help

[worried of darlingon]

ive paid about 300 over what i wouldve paid if id kept up with the repayments properly

[MrShed]

ive paid about 300 over what i wouldve paid if id kept up with the repayments properly

 

That alone makes it very unlikely IMHO that possession will be granted.

[Ell-enn]

Your solicitor is advising you correctly - you should only offer what you can reasonably afford. Have you done a budget sheet to take to court with you to show how you will afford the arrears payments ?

 

I know you are frightened about the hearing, it's only natural, your mind must be all over the place but try to focus on the positives:

 

You have paid a lump sum which shows you have commitment to paying the arrears

You now have a job

You have written proof of your income

The court has to consider the welfare of your child

You have a solicitor to put your case to the court, and he/she will know exactly how to do that to your advantage

 

You have more positives in your favour than many other people facing the same situation,.

 

I look forward to hearing from you tomorrow with your good news

 

Chin up, it will soon be over and you will be able to relax.

 

Ellx

[worried of darlingon]

thanks so much i really hope it will, ill let u know tommorow how it goes. ill just need to try and get some sleep somehow!

[Ell-enn]

You should sleep better tomorrow night

[worried of darlingon]

ill either sleep like a baby, or ill be hysterical! either way itll be over one way or the other! just pray to god its the first option!!

thanks for all your help, youve really put my mind at rest

xx

[worried of darlingon]

Back from court and it was suspended at rent plus 20 thank god! It wasn't nearly as scary as I thought. Thanks for all you help xxx

[PPI Insurance]

I would contact Shelter on 0808 800 4444 ASAP

[MrShed]

Congratulations - a good result.

[Ell-enn]

Back from court and it was suspended at rent plus 20 thank god! It wasn't nearly as scary as I thought. Thanks for all you help xxx

 

Told you it would be ok - great result, you must feel sooo relieved

[45002]

Back from court and it was suspended at rent plus 20 thank god! It wasn't nearly as scary as I thought. Thanks for all you help xxx

 

That is good news,have a drink on me

 

Cheers

 

45002

[worried of darlingon]

thanks all of you, why would i need to contact shelter if the eviction has been suspended?

[Ell-enn]

You don't need to contact them - I think the poster hadn't seen your message that the eviction had been suspended.

[tinafromeast]

Back from court and it was suspended at rent plus 20 thank god! It wasn't nearly as scary as I thought. Thanks for all you help xxx

 

Oh sweetie. I've just been reading this thread...........thank God for your good news. What a relief!