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Hi all. I have a court hearing this Thursday 10 April 2014, I have received a Order for possession (accelerated procedure) (assured shorthold tenancy)

 

So I believe the court hearing is so that I may request more time to find a new home.

 

My main question is "Why do I have to Pay to be Evicted?"

 

I have already submitted a defence form asking for more time to pay this cost, but the Order says I must pay it on or before the 10th.

 

Any advice would be welcome.

 

Thanks.


Thanks,

Colin.

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Hi Disco

 

Welcome to CAG

 

The guys will respond as soon as they are available.

 

Here's some information:-

 

https://www.gov.uk/private-renting-evictions

 

http://england.shelter.org.uk/get_advice/eviction/court_action_for_eviction

 

Thread moved to correct forum.


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Perhaps some background for why you received a possession Order may better inform us.

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I think the only thing that you may need to know is that it is a section 21 eviction.


Thanks,

Colin.

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s21 is a 'no fault' repo, but LL is entitled to request hearing fee be applied to T. Normally indicates T did not comply with s21/ T NTQ and vacate on expiry, owes LL rent etc, so the Court fee can be added to Ts liability and poss CCJ.

I assume you can attend hearing on Thurs before payment as it is your opportunity to request more time to find nee accom. Most Judges realise you have already had 2+ months, so may not be inclined to defer PO for more than 14days (max permissible 42 days)

He will then rule on LLs request to apply Court fee to you.

Just confused again, as you say you have already received PO, so what is the purpose of Thurs? Is ir just the deadline for paying fee into Court?

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Thanks for the reply, it makes sense, just seems totally unfair that I should have to pay when the LL just wants the property back. They have never complained of any problems before, I have never been able to find out why they want us out. I guess I'll find out Thursday.


Thanks,

Colin.

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Hello westernwarrior.

 

Is there a reason why you're posting mainly on old threads please? If you have a query and aren't sure where to post, please ask and we'll point you in the right direction.

 

HB


Illegitimi non carborundum

 

 

 

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Simple

LL issued a notice for you to quit. Contractually you are obliged to leave at the end of that notice.

You for whatever reason have failed to do so (It may be that you have been told to stay by the LA)

The LL now has to take legal action to recover his property. Why should the LL have to foot the bill for you not being able or willing to leave the property at the end of the notice?

The LL MUST follow the procedure in order to protect himself from counter claims and stay within the law.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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