Home Repossession by Landord

[marky999]

I am on the verge of eviction by possession order granted on 1st week of November by judge how-ever I only received letters

 

from court on 15th of November of the decision so I dont know what I can do in tis situation.

 

I was not able to be at court due to me not even receiving the court date letters, so I wasnt aware to go to court so judge made decision of my absence.

 

I have no where to go, can I appeal if how & what do I need to do?

 

Can I get a new hearing date?

 

Can I do "possession order set aside" or "Suspend or stay the warrant"

 

I am totally confused of what to do please can you help me,

 

Thank you..

[caro]

Do you know the grounds for the possession order?

[marky999]

It just says on mandatory grounds.

[caro]

Any idea why you didn't know in advance? I suggest you phone, or better still, go to the court to find out the grounds for possession and apply to set it aside?

 

Do you think it might be because of rent arrears?

[marky999]

The address where I live most letters get lost or sent to wrong address.

 

Yes due to rent arrears.

 

Can I get a new court date set for my defense?

 

Apply to set it aside, How would that help & how would I apply?

[caro]

Check with court staff, but I believe that you need to submit an n244 application to have the judgment set aside. There is a fee unless you or on benefits or low income and exempt but you'd need to apply for this first and provide proof.

 

Your reason for the set aside is that you didn't know about the repo so couldn't defend.

 

Is there a reason you don't get your post? If so put it in the application.

 

Are you in a position to pay your rent now and something off the arrears either weekly or monthly?

[marky999]

Thanks can I write to court though to give me more time to defend myself, As I have only few days left, if I can have it extended to 42 days?

 

N244 seems difficult to fill in.

 

The landlord wont agree to payment of arrears as he wants house empty to give property to their family member.

 

I have no idea ive complained to royal mail so many times, as they always have new postmen..

Edited November 18, 2013 by marky999

[caro]

You need to make a written application to the court. It won't be considered otherwise. Do you think you may be exempt from fees?

 

What sort of tenancy do you have? Is it due to end?

 

You really need to know the grounds for the repo so you must contact the court.

 

We can help with the n244.

[Lea_HTH]

What notice was served on you? A s8 notice or a s21 notice? I am presuming you have an AST if the landlord wants the property back - it implies a private rental.

 

If the possession order was granted on mandatory grounds (e.g. due to being more than two months in arrears), then applying to set it aside is pointless unless you clear the arrears in their entirety. However, a mandatory ground may also imply a non-rent issue - so you really do need to be clear which ground was claimed under. Answering which notice you were served with would go some way to assisting with that.

 

If you were served with a s21, there is no defence to that if there were no defects to the notice and deposit was protected (it's a different mandatory ground), and in addition, there does not have to be a court hearing if it is claimed under the accelerated proceedings.

 

You'll need to be a lot clearer, and a lot quicker. If you do want to set aside, (and have reasons to do so), then you'll need to get your application in by tomorrow at the latest.

[caro]

Thanks Leah.

[marky999]

What notice was served on you? A s8 notice or a s21 notice? I am presuming you have an AST if the landlord wants the property back - it implies a private rental.

 

If the possession order was granted on mandatory grounds (e.g. due to being more than two months in arrears), then applying to set it aside is pointless unless you clear the arrears in their entirety. However, a mandatory ground may also imply a non-rent issue - so you really do need to be clear which ground was claimed under. Answering which notice you were served with would go some way to assisting with that.

 

If you were served with a s21, there is no defence to that if there were no defects to the notice and deposit was protected (it's a different mandatory ground), and in addition, there does not have to be a court hearing if it is claimed under the accelerated proceedings.

 

You'll need to be a lot clearer, and a lot quicker. If you do want to set aside, (and have reasons to do so), then you'll need to get your application in by tomorrow at the latest.

 

 

Thanks Lea,

 

Its a N26 Order for possession on mandatory grounds, private rented and no deposit. I'm not sure what notice this is.

 

So shall I be better to get extra time extension from 14 days to 42 for me to give my defense or appeal the decision of the judge?

Edited November 18, 2013 by marky999

[Lea_HTH]

The answer you gave doesn't relate to the questions I asked.

 

What notice was served on you informing you that the landlord intended to go to court to get possession?

 

Until you answer the questions put to you, you're not going to get accurate advice on what to do. Since I don't have all day, the sooner you give the answers, the sooner you will know what (if anything) you can do next.

[marky999]

Sorry was passed from department to department I have just got this info thanks.

 

Ground 8 shedule of 2 of housing act 1988

 

&

 

Ground 10 & 11 of shedule..

[Lea_HTH]

It is probably not worth you making a stay application - not unless you've cleared the arrears in any case, and even then, the possession order is mandatory on the day it is given, so you would be relying on your landlord allowing you to stay.

 

The question then is whether to make an application to get the order set aside. You can do that as of right as you were not present at the hearing, however, the judge can dismiss your application if the arrears still stand at the time of the hearing. How many months are you in arrears? Ground 8 indicates you are at least 8 weeks or two months in arrears (whether rent is paid weekly or monthly), and that you were in that level of arrears when the notice was served on you and were still in arrears to that level or more on the date the hearing took place. If so, and the evidence suggests that was the case, the judge has no option whatsoever than to award possession. It would have made no difference if you were present or not...the only difference would have been had you reduced the arrears before the hearing and then appeared.

 

Unless you have some form of exceptional hardship, then you are very unlikely to get the possession order extended to 42 days, which would now be the only thing left to do...I don't think it's worth the application, but the choice has to be yours.

[marky999]

Hi Lea,

 

Thank you for that,

 

Its about 2 months but their solicitor has deliberately put down 12 months of arearrs

 

 

Well I am disabled and have illnesses and if I can have extension that would atleast give me time to find another place.

 

Could I get a CCJ registered against me?

 

Would I have to write a letter to appeal and have extension?

Edited November 20, 2013 by marky999

[Lea_HTH]

That's a rather large discrepancy in the arrears. Why would they say it was a year's worth if it is only two months? They were guaranteed possession even if it was only two months arrears.

 

You may be able to get extra time, but it will be up to the judge - they only have to give extra time if the circumstances are exceptional, so merely being disabled and ill may not be enough - it would probably need something like severe disability and requiring care that cannot be provided elsewhere...this is not hugely likely if you are living in private rented accommodation. But you should definitely apply because the judge may be sympathetic to your circumstances.

 

Yes you will have a money judgment against you if the LL asked for that in court - the court order you received should state if one was given. That will turn into a county court judgment once the time the judge listed is up (usually 14 days).

 

You can't appeal unless you are saying the judge got the law wrong...you've not mentioned that.

 

You could apply for a set aside (form N244), but you said the hearing was in early November and you are supposed to make the application as soon as you can, which you have not. You may still have a day or two in which to file an application.

 

You may be better off waiting for the notice of eviction to come through from the bailiffs and then making a stay application (on form N244) to ask for additional time. If you plan to use this option, then I suggest you start paying your rent and something off the arrears.

 

Don't expect any judge to be sympathetic if you've not made any payments towards rent or arrears by the time you make your application.