**EVICTION TODAY** help please

[Dskelly1001]

i have an eviction scheduled for today and i need to know whether or not it is worth going to the court to ask for it to be stayed. this has been going on for a while now, tried SMI tried MRS everything fell through at last minute. im in arrears with mortgage company. i know now that nothing can be done to stop repossession but i still have not found somewhere else to live. i've had the warrant stayed 3 times all together now and not sure if judge will grant another. there is currently me, my 1yr old daughter and 19yr old daughter living here. my most recent order from court, which was the last time warrant was stayed was on 18/05/2011. i told the judge i had a property to move in to on the 1st of this month but the landlord has been giving me the runaround and now i cant get in touch with him so that is no longer available.

My last court order said:

 

IT IS ORDERED THAT

 

1. the application to suspend the warrant of possession is dismissed

2. the execution of the warrant is stayed but the execution may take place at the bailiffs earliest convenience from 1st june 011

3. any further application to suspend the warrant will be reserved to District Judge and leave will be required before any such application is considered

 

can anyone tell me what the third one means?

 

do i have any grounds to ask for it to be stayed again while i sort out alternative accommodation, (such as my 1yr old). i can probably get money together for private landlord but i just need more time to find a place. if so what should i put in my form for the court, do i have much chance of success. i can get to the court for it opening but the eviction is at 11.30. CAN ANYONE HELP, PLEASE!!!!!!!!!!

[Crocdoc]

I would try contacting Shelter urgently, however at this very late stage it will be difficult if not impossible to obtain a further hearing. I won't comment further on the legal procedures as I am Scottish based and not familiar with procedures in other parts of the UK.

 

My only other suggestion is that you present yourself homeless to the local authority, Shelter may be able to assist you with a homeless application and any housing benefit issues once you have been through this process.

 

Other than that, I cannot think of anything else that could be done, hopefully someone else may be able to make a suggestion.

[akasha691]

you havent said if your on benefits at all, i can help you there, go and apply or your 4 weeks rent in advance, you will need ID and a mini statement from your bank and a letter from the landlord proving you have paid the rent and how much they need for 4 weeks in advance, i know its not a lot o help but at least you can look to being housed. you will need to ring the social fun department

[Dskelly1001]

yes, i am on benefits. does anyone know what is meant when it says leave will be required?

[Ell-enn]

It means you will have to ask for leave to apply for another stay of the warrant for eviction (in other words ask a judge if you can apply again). In reality you should have done this last week in order to get a hearing before the eviction date. You should certainly be at the court as soon as it opens and see if there are any free legal advisors on duty, they should be able to help. If not you will need to fill in an N244 form (fee is £40 unless you are on certain benefits) while you are there and hope a judge can see you.