council house eviction PLEASE HELP

[james345]

Hello and thanks for reading my post. Im in a situation where my mother had to go back to spain for another medical treatment and she has been gone for the last 4 months and since we do not live together I do not normally go to her house. Now it turned out that the house has not been paid for since she has left and yesterday I found 2 letters posted through her letterbox. One of them is Possesion Order and the other is a Notice of Eviction which is supposed to take place on the 4th of August. Now I can clear all the arrears of £1700 this week but Im not sure if I should empty my pocket completely for another 3 months if she is to loose the house anyway. The Notice of Eviction mentiones that she could apply for a suspension of eviction but Im not sure whether I would be able to do it for her since I have not lived with her for 30 years. Any help will be much appreciated.

[dx100uk]

you need to be telling the council all of this

 

most are very accomodating WHEN THEY KNOW WHAT IS GOING ON

 

they have only acted because they do not know.

 

dx

[james345]

Hi thanks for your reply, do I have to fill the N244 form in and attend or will I not be allowed to? Can I fill it in now or should I wait till I have paid it off? Thanks.

[Ell-enn]

Hi, contact the council before doing anything else they may sort it out without having to go to court if you pay the arrears. there can be no eviction if there are no arrears.

[james345]

I rung the council this morning and they said they are saying that the no longer suspend the evictions and that my mother would need to apply herself. So is it the N244 form? and is it worth doing all that? Will I be able to appear at the court for her? Many thanks once again.

[Ell-enn]

I rung the council this morning and they said they are saying that the no longer suspend the evictions .

 

 

Really?? Give Shelter a ring (they're not just for homeless, they can help with council rented situations and can intervene on your behalf) - they are excellent at this sort of thing 0808 800 4444.

[Lea_HTH]

Hello and thanks for reading my post. Im in a situation where my mother had to go back to spain for another medical treatment and she has been gone for the last 4 months and since we do not live together I do not normally go to her house. Now it turned out that the house has not been paid for since she has left and yesterday I found 2 letters posted through her letterbox. One of them is Possesion Order and the other is a Notice of Eviction which is supposed to take place on the 4th of August. Now I can clear all the arrears of £1700 this week but Im not sure if I should empty my pocket completely for another 3 months if she is to loose the house anyway. The Notice of Eviction mentiones that she could apply for a suspension of eviction but Im not sure whether I would be able to do it for her since I have not lived with her for 30 years. Any help will be much appreciated.

 

What does the actual judgment for the possession order say? Does it indicate what grounds possession was claimed under?

[james345]

Order has been made on discretionary grounds and court ordered to give the possession and pay the debt off + court costs.

[Ell-enn]

Did you ring Shelter ?

[Lea_HTH]

Order has been made on discretionary grounds and court ordered to give the possession and pay the debt off + court costs.

 

Which ones? They should be numbered, if not in the order, then go and look for the original court papers, specifically the particulars of claim. You need to act quickly. You may be able to apply to have the order set aside on the basis that your mother wasn't present at the court hearing - you'd need her authority to act on her behalf (a letter with her signature authorising you to do so), and get the arrears cleared. However, you need to check the specific grounds to find out why the possession order was granted.

[james345]

Yes, they are not sure whether the court will suspend the warrant even if i paid off the arrears as there would be no guarantee of regular payments cos my mums away, they also said that the court could treat the property as abandoned and you can not have a council property if you have somewhere else to live. I though i could get a medical statement for that. Im still unsure if they would suspend it even if I guaranteed to pay for the property as I may not be able to speak to the court as Im not my mum :/

[Lea_HTH]

Yes, they are not sure whether the court will suspend the warrant even if i paid off the arrears as there would be no guarantee of regular payments cos my mums away, they also said that the court could treat the property as abandoned and you can not have a council property if you have somewhere else to live. I though i could get a medical statement for that. Im still unsure if they would suspend it even if I guaranteed to pay for the property as I may not be able to speak to the court as Im not my mum :/

 

Are you able to give me the information I asked for? Advice given so far is based on very vague information from you and it may not be accurate if the grounds indicate something else.

 

I said set aside the order, not suspend it - they are two different things. Your mother isn't in the country and therefore had no opportunity to defend the action - if the arrears are paid and she can arrange to pay the rent ongoing, then there is no reason for the PO. BUT as indicated more than once, it depends on what the grounds for possession were.

[james345]

I will post an answer as soon I have found those documents as I need to go to that flat. Thanks for your help.