Eviction notice served

[Maggi4]

Hi,

 

This is my first posting, My question is about eviction notices - my husband and I have been serviced notice to quit, private landlord used section 21 to remove us from his property we have been here for many years on a AST contract.

 

We were serviced notice to quit through Agents and because we could not leave we were then sent possession to quit notice from county court without a hearing. I am not sure why, there is no rent arrears,but I think they just want to put up rent and because my husband does not work (he had a stroke) we would not be able to afford much more rent. Is there anyone that can tell me if there is anything I can do to delay eviction? The bailiff hand delivered the eviction notices one to each of us, by putting it through the door are they supposed to hand it to us? The Bailiffs have given us the date of 21st August this week

 

I am panicking now. I have been dealing with shelter but they have closed the case because they said they could do no more as Agents have followed all the rules. I have found another property but it is not ready for another 2 weeks!

 

Sorry for going on I am not used to using forums and not sure how much information people need.

 

Thanks you

 

Maggi

[Lea_HTH]

On what date (exactly) was the possession order granted? The date of the judgment should be on the actual information that came from the court - i.e. the date the judge made the judgment.

[raydetinu]

You can go back to court and apply for a hearing to stay the eviction ( outside chance as judge wont want to put on street, if no where else you can go in the interim); shelter should be able to help you with this or speak to local court ( you will need to act quickly ).

You need to take confirmation of your new property.

You could of attended the hearings and put your side when the LL first applied for repossession order, however when you did not comply with that, you could have gone back to court, but you probably did nothing so LL applied for bailiff action to evict ( court had no choice. ).

Just as a check did you pay a deposit and is it protected? S21 not valid if not protected., but shelter would have checked that!

[Maggi4]

The possession order was dated on 8th July given us 2 weeks to go 22nd July (There was no hearing) We thought we would have to go, we

just had the paper work to say possession order was granted without hearing, apparently Court are able to do this on accelerated section 21!

Yes the deposit is protected.

 

Thanks

[Lea_HTH]

I am afraid that you will not be able to stay the possession order any longer. The maximum allowable time for possession is 42 days from the date of the order...that actually takes you to Monday and you have until Wednesday, so you are over the 42 days already.

 

There doesn't need to be a hearing for accelerated proceedings - it's a paper exercise, and so long as all criteria met, possession will be granted.

 

The plus side is that it's not a fault based possession, so the local authority will have to assist you in finding some temporary accommodation until your new place is ready (in fact, even with a fault possession they have to do this for a specified period).

 

The only thing that could lead to a different outcome is if you paid a deposit and it was not protected in one of the government schemes. Was this the case?

[Maggi4]

The deposit was protected, but thank you very much for your help and advice

 

Thanks

[mariner51]

2 weeks sofa surfing at friends, large personal items in temp storage unit, may be preferable to temp Council accom (B&B is prob best Council can offer for 2 wk).

Bailiff notification was properly served if addressed to T and delivered to property named in the repo claim.

Unlike America it does not have to be placed in the hand of recipient.

Bailiffs will eject any T guests residing in the property.