Eviction

[victoria2]

Hello everyone.

 

This is my first post.

 

I have recently had a warrant for eviction suspended.

 

If this warrant was to be re issued, will i still be given notice, (ie 14 days) reasons why and an opportunity to provide a defence at court, or would the bailiffs simply turn up at my home unannounced and expect me to leave?

 

Thank you.

 

Vicki

[pocketstapler]

Hello everyone.

 

This is my first post.

 

I have recently had a warrant for eviction suspended.

 

If this warrant was to be re issued, will i still be given notice, (ie 14 days) reasons why and an opportunity to provide a defence at court, or would the bailiffs simply turn up at my home unannounced and expect me to leave?

 

Thank you.

 

Vicki

 

You won't have to go back to court if you keep to the terms of the suspended order.

If you fail then the lender may apply to execute the order, but you will have the chance to ask for the order to be suspended again using court form N244

[padja]

I take it you have made arrangements to pay arrears and current payments to get warrant suspended? If you keep to this agreement you shouldn't have any worries however if they need to restart the warrant you will be given notice of the eviction date, you can the apply to the court to have warrant suspended, you will go in front of a judge to state why it should be suspended and of course the other party will say why it should carry on. If this is your first application to have warrant suspended normally the judge will allow a suspension. If it is a second suspension in front of a judge, in my experience, you have a 50/50 chance of suspension. and if its a 3rd time you have very little chance of suspension. If you have an agreement in place to pay arrears plus present rent/mortgage if for any reason you cant pay I would advise you speak immediately to the company, that way they are more likely to give you a little extra time. Please dont bury your head in the sand hoping you can get a suspension. If you need further help please post more details we are all here to help you as much as possible

[sequenci]

if its a 3rd time you have very little chance of suspension.

I recently had a client's SPO re-suspended after their twelth breach! Even I was surprised!

[padja]

thats very very unusual, I've got someone through 3rd suspension but never got past 4th, I do know one judge does not like granted evictions so upholds suspensions, never been lucky enough to get him, sometimes its frustrating that you get a suspension for someone who within 2 months are back not paying a penny expecting to get another suspension, but its worth helping for the genuine ones

[sequenci]

but its worth helping for the genuine ones

 

Absolutely! It's also great when you get one over the more overzealous lenders *cough*Santander*cough*

[victoria2]

Thank you all for your responses.

It appears that i may have been initially misinformed.

The order was suspended on condition i address my rent arrears, this i will do, however, i was told that if i did not adhere to the condition, the warrant would automatically be re issued and i would not be given the opportunity to challenge it.

I was a little worried that if i could not meet the condition (but had a genuine reason as to why) i would not get the chance to explain.

Due to the information given here, I am now relaxed and aware.

Thanx

Vicki