Need help for a defense form regarding my landlord court possession claim (after has tried unlawful evictions)

[MoonTop]

So why did the "TRO" tenancy relation officer say they cannot get involved,if there has been previous allegation of harassment/unlawfully eviction made !

 

At the first time when I went to the council and requested to see a Tenant ans Landlords Relation Officer, they had told me during two months that there is not any service like this. I had to make a complaint about this one day before a previous unlawfull eviction (we were at this time in the middle of the duration of the one year tenancy agreement, but he wanted to repossess the property in goal to give it to one of her friend and business partner who is presently another on the ground floor and is destroying my mail). The TRO helped in a previous unlawful eviction but informed me on phone that he could not help me anymore to stop further unlawful eviction. The TRO had sent an email to the landlord and me explaining the process but now I strongly think they have destroyed/intercepted the court letter (if there was one) since they should have know when it will arrive at destination.

During all the last months I have done my best to find another accommodation without success (and I am on my own).

Edited January 6, 2013 by MoonTop

[MoonTop]

Moontop, I will try and find someone to help you complete the N244. For all issues relating to your eviction, can you keep them on this thread, rather than starting new ones all the time

 

45002.. thread merged - thanks

 

Thanks by advance.

[45002]

Moontop, I will try and find someone to help you complete the N244. For all issues relating to your eviction, can you keep them on this thread, rather than starting new ones all the time

 

45002.. thread merged - thanks

 

NO

 

I didn't say move it again to here,I said here

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

More people with knowledge of AST post there away (rant other)

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I really don't know that the case has been in court or not :

 

Moon Top

 

You need to phone the County court 1st thing on Monday morning and find out if a possession order has been granted and what date you have been ordered to leave by ?

Until you can find out this from county court it's pointless filling any forms out

 

If this is eviction for 8 weeks or more rent arrears,a possession order is mandatory.

 

You do realizes with a AST eviction can only be delayed by a matter of weeks and cannot be permanently stopped...

 

Sorry to be Blunt,but you do need really to start finding somewhere else to live ASAP.

Edited January 6, 2013 by 45002

[MoonTop]

45002.. thread merged - thanks

Sorry but I don't see where is the merged thread.

[citizenB]

You wont see been done - dont worry about it.

 

sorry 45002 - will shift it

 

Sorry but I don't see where is the merged thread.

[MoonTop]

You need to phone the County court 1st thing on Monday morning and find out if a possession order has been granted and what date you have been ordered to leave by ?

Until you can find out this from county court it's pointless filling any forms out

 

I will do this but at the same time I was not aware of anything and the eviction notice end on 05 February not 05 January.

 

If this is eviction for 8 weeks or more rent arreas,a possession order is mandatory

As explained previously : there was just TWO weeks rent in arrears and I had inform my landlord with proves available on request.Presently the rent is up to date.

 

You do realizes with a AST eviction can only be delayed by a matter of weeks and cannot be permanently stopped...

 

For my point of view this is not applicable here since I should have been informed about any hearing at the court. Also, I really need to fill the 244 form today in goal to stop this unlawful process.

Sorry to be Blunt,but you do need really to start finding somewhere else to live asap

You are welcome, but since I am tired of unfair treatments , I now will fight for my right until the end.

 

Are you saying that my landlord had followed the procedure?

[MoonTop]

Moontop, I will try and find someone to help you complete the N244.

45002.. thread merged - thanks

 

CitizenB, please try to find someone that could help me to fill the N244 today since I have to make everything tomorrow morning. In fact I should start by filling the form since the landlord had tried (if there is really a court order) to avoid to attempt the hearings (because the court would know that they are lying regarding the rent arrears). The fair process will be another hearings were every party will be aware of (not only the landlord).

[citizenB]

Also, I really need to fill the 244 form today in goal to stop this unlawful process.

 

What do you mean by you need to fill the form in... Goal ... to stop this.. ???

[citizenB]

MoonTop, I have sent out urgent messages.. unless the people are around to help, then I simply cannot do any more !!

 

All the advisors/Site team are volunteers, they have lives of their own and commit what ever time they have. I am sure someone will be along to help as soon as they can. .

[MoonTop]

MoonTop, I have sent out urgent messages.. unless the people are around to help, then I simply cannot do any more !!

 

All the advisors/Site team are volunteers, they have lives of their own and commit what ever time they have. I am sure someone will be along to help as soon as they can. .

I understand...It is only that I totally disagree with '45002' (I have called two differents 24h legal advice yesterday and both have told me the form N244 is the first thing I have to submit (unfortunately they were no able to help me further because I don't live in their borough).

[citizenB]

45002 probably has more knowledge/experience than I do , so I really cant say. .

[MoonTop]

 

What do you mean by you need to fill the form in... Goal ... to stop this.. ???

 

The purpose of the N244 form is to stop an illegal action (i think soo...) or to request a hearing.

[MoonTop]

45002 probably has more knowledge/experience than I do , so I really cant say. .

 

I only hope 45002 will answer to my last question addressed to him above.

Edited January 6, 2013 by MoonTop

[45002]

45002 probably has more knowledge/experience than I do , so I really cant say. .

 

My knowledge of AST is limted,but

 

the eviction notice end on 05 February not 05 January.

 

Could be the date on s21 LL served on tenant ?

 

 

I understand...It is only that I totally disagree with '45002' (I have called two differents 24h legal advice yesterday and both have told me the form N244 is the first thing I have to submit (unfortunately they were no able to help me further because I don't live in their borough).

 

And write what Exactly on a N244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

 

And sent it to which county court !

 

 

Moon Top

 

You need to phone the County court 1st thing on Monday morning and find out if a possession order has been granted and what date you have been ordered to leave by ?

Until you can find out this from county court it's pointless filling any forms out

 

OK then

I will do this but at the same time I was not aware of anything

 

Lets All wait then and see what MoonTop finds out from local county court on Monday 1st thing...

http://www.nhas.org.uk/county_court_search.htm

Edited January 6, 2013 by 45002

[MoonTop]

45002, I understand what you mean but i think you may not have all the information:

Could be the date on s21 LL served on tenant ?

- They had sent me an eviction notice two months ago but within wrong dates/datas (at this time I was already intensively searching for another accommodation (and for this purpose, despite of my health had already start worsening i was trying to find a job for this purpose) since one of the tenant was harassing me).

 

- They have then sent an eviction notice a month ago ending on 05 Frebruary 2013 but said they could start legal action from november 2012 (i did not really understand this part). In this letter they had lied that I had 8 weeks arrears while I had only two weeks. I have replied to them by fax informing there were not 8 weeks arrears (i have presently the fax confirmation of this letter).

 

And write what Exactly on a N244 http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

I do not understand this part. All I am saying is that in all cases I will need to fill the form N244 (I need at least a month to find another accommodation but they have changed the lock (by the way that you can go out but cannot come in without having the key) ).

 

Until you can find out this from county court it's pointless filling any forms out

You do not understand my point: I am in emergency but I maybe have to wait all tomorrow day or maybe more if county court tell me there was not any order...

However, now I better understand what you mean...but I may try to start drafting something regarding the N244 (since I think the landlord and the neighbor are still planning something (the neighbor had heard me on phone yesterday evening talking about what they did)).

 

My new questions are : What can I do if the court had made an order without my hearing (and/or invitation to the hearing)?Can I use the N244 in this last case in goal to have a proper hearing where I will be present?

 

Ps : If there was a letter addressed to me for a hearing it should have been by recorded delivery : and I am sure to not have signed anything. If a neighbor signed at my place then this will be a criminal offense.

Edited January 6, 2013 by MoonTop

[Ell-enn]

The best advice is to ring Shelter first thing in the morning, they know the law regarding rental evictions inside out and will be ble to help you -

0808 800 4444 the lines are usually quite busy so you will have to keep trying.

 

An N244 is used to request a hearing for mortgage evictions but I don't know if that's appropriate in your case, Shelter will know.

[MoonTop]

Thanks Ell-enn, i will start by Shelter tomorrow and see if they can act on my behalf regarding this issue.

[estellyn]

Have a look at the notice your landlord has served you. Is it a section 21 notice? If it is then the landlord can only apply to the court at the end of the notice period.

 

Another question, has your landlord protected your deposit under a deposit protection scheme and given you info about how it is protected?

[45002]

The best advice is to ring Shelter first thing in the morning, they know the law regarding rental evictions inside out and will be ble to help you -

0808 800 4444 the lines are usually quite busy so you will have to keep trying.

 

An N244 is used to request a hearing for mortgage evictions but I don't know if that's appropriate in your case, Shelter will know.

 

N244 http://england.shelter.org.uk/get_advice/complaints_and_legal_action/court_action/court_forms

 

which is used to make an application (for almost anything) in a case that has already been started.

OP has posted early on in this thread,there post has gone missing ,destroyed or stolen !

 

OP needs to find out if any court action has been taken against them by contacting there local county court 1st thing on Monday morning...

[Lea_HTH]

It's not an N244 for illegal eviction, it'll be an N1, or an N208 if harassment is going to be claimed (what's described certainly appears to meet the criteria for harassment). Or an N16A for an injunction...

 

The reason for the confusion appears to be because no one is clear as to whether or not a possession hearing has actually taken place. From reading the rather confusing posts of the OP (what precisely does he/she mean with constant references to 'in goal'?), it would appear that an invalid s21 was served, this was remedied with a valid one, which appears to end on 5th February. However, the OP states the tenancy agreement ended on 29th December, which suggests this new s21 may also be invalid.

 

Then there is reference to 8 weeks of arrears - which implies a s8, g8 notice was served, and perhaps a possession hearing has taken place on this notice, and possession was given on that mandatory ground. If, as the OP states, he/she has never been more than two weeks in arrears, and is up to date, and can prove that at the material times (on date of service of notice and on date of court hearing) that there were not eight weeks of arrears, then any possession order can be set aside - this requires an application on form N244 to the court to request that the original judgment be set aside. OP has, in fact, got two reasons to get this set aside - the reason above, and the claim that no paperwork from the court was received and therefore she/he was unable to attend the hearing.

 

If a genuine PO was granted, then the LL would still have to get a warrant of execution in order to have the bailiffs instructed to evict the OP - if this has not occurred, then the LL has acted illegally.

 

The only certain way of knowing what has occurred, is to contact the court and find out if a PO has been granted and more specifically on what grounds. Beyond that, there is no point in form filling as it is not yet clear which form, or which grounds, the OP needs to use.

[honeybee13]

Thank you for the clarification, Leah.

 

My best, HB

[Lea_HTH]

No problem.

[45002]

It's not an N244 for illegal eviction,

 

No one said anything about using a N244 for illegal eviction,OP wanted to use it for if the case had already gone to court,I think the OP is somewhat confused especially with the threats of illegal eviction !

 

 

 

The reason for the confusion appears to be because no one is clear as to whether or not a possession hearing has actually taken place.

 

OP has posted there Post/Letters has gone missing/stolen ? which is why I advised them to contact local county court 1st thing Monday morning.

 

 

Then there is reference to 8 weeks of arrears

 

That was my mistake and my apologies to MoonTop.

 

OP has posted HB is paid direct to tenant and tenant has said they have proof there rent is up to date.

 

 

 

One worrying thing is,MoonTop landlord is acting like a court bailiff by changing locks,Bailiffs do the eviction in the UK and not Landlords MoonTop cannot go out anywhere because they have No keys now to there home..

Edited January 6, 2013 by 45002

[antone]

(what precisely does he/she mean with constant references to 'in goal'?)

 

I believe OP is not a native English speaker. I read "in goal" as something like "with the goal of" or "with intent to".

[MoonTop]

Have a look at the notice your landlord has served you. Is it a section 21 notice? If it is then the landlord can only apply to the court at the end of the notice period.

 

Another question, has your landlord protected your deposit under a deposit protection scheme and given you info about how it is protected?

 

He has served me a section 8 and section 21 notice.