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Advice for Court Hearing ( EVICTION)


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I have been sent a Notice of Hearing for next Thursday as I have no idea what to expect on the day was hoping someone on here could advice, what the procedure is and can I take a friend with me I have no legal rep (can't afford one ).

 

 

My story in short: my husband past away 3 years ago unexpectedly from a heart problem age 70 and left me with debts, I'm now living on housing benefits and a basic state pension. We have lived in this rented house for the past 17 years the landlord back in June decided he wanted to sell the house, he said I could stay until it was sold but then in Aug changed he's mind and said he wanted it for his daughter. Because private rental is almost impossible (meet non of their criteria) plus I have a dog. Due to not being able to find any where he now wants to evict me. I am on the housing reg, but have had a problem with them too.

 

 

So could anyone tell me what to expect on the day of the hearing and any advice would be grateful, Feeling very much at the mercy of these people.

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OK so LL is seeking a posession order

 

Have you been issued a section 21

Does it comply with the regulations?

 

Take with you a copy of bank statements and an income and expenditure form and plead hardship. Also proof of benefits

 

The judge has the option to suspend possession for 2 months.

 

Sadly, d not mention the dog. Whilst to us the dog is a member of the family, failing to secure accommodation on the basis of the dog will work against you in the eyes of 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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Hello and welcome to CAG. I'm sorry to hear about your problems.

 

I'm checking with the team to see which forum is best for your query. In the meantime, you could try ringing Shelter in the morning because they're very good on rental problems.

 

http://www.shelter.org.uk/

 

Your thread may be moved but we'll leave you a link to follow if it is.

 

My best, HB

Illegitimi non carborundum

 

 

 

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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Landlord gave me notice in writing 28/08/14 if that's what you mean by a section 21 as far as I know it complies, he gave me 2 months notice.

 

Hello again.

 

Have you spoken to your local council as you're in danger of being homeless?

 

HB

Illegitimi non carborundum

 

 

 

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Is it possible to post up a copy of your section 21 notice. Remove/cover up personal details. Always a small chance that it is not complient. 7 out of 10 are not. this might be able to buy you some more time if LL has issued a non complient notice.

 

Also def contact LA re Homelessness.

 

Im sorry you find yourself in this situation now :(

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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Hi,

If I take out personal details there not a lot left, it says : To (My name and address) From ( LL's name and address), Then: notice is hereby given that I require possession of the dwelling house ( the rental property) known as: (Then the address) After the expiry of 2 month's notice: Signed (by him) and of cause dated 28/08/14. the only thing that I can see is my rent is always due on the 5th of each month, meaning the agreement was for the 5th (if that makes sense). I think he's taken this from an online site, LandlordZONE.co.uk

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Hello again. I've let the site team know about your thread.

 

Could you tell us what has happened since last August when you got the notice please?

 

HB

 

 

 

Sorry I don't understand what you mean?

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ok what type of tenancy is it.

 

Was it a shorthold fixed agreement that rolled into a periodic?

 

Section 21 notices can be very finicky when it comes to dates and notice period.

 

The notice may not be compliant as it says two months with no date. And it was recieved before the end of the period if you pay your rent on the 5th.

 

Someoen with more experience should bve able to confirm or refute my points for you

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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Also when it comes to finding new accomidation, you might be able to negotiate paying a seperate deposit to cover the canine companion.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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I have been sent a Notice of Hearing for next Thursday as I have no idea what to expect on the day was hoping someone on here could advice, what the procedure is and can I take a friend with me I have no legal rep (can't afford one ).

 

 

My story in short: my husband past away 3 years ago unexpectedly from a heart problem age 70 and left me with debts, I'm now living on housing benefits and a basic state pension. We have lived in this rented house for the past 17 years the landlord back in June decided he wanted to sell the house, he said I could stay until it was sold but then in Aug changed he's mind and said he wanted it for his daughter. Because private rental is almost impossible (meet non of their criteria) plus I have a dog. Due to not being able to find any where he now wants to evict me. I am on the housing reg, but have had a problem with them too.

 

 

So could anyone tell me what to expect on the day of the hearing and any advice would be grateful, Feeling very much at the mercy of these people.

 

Hello mollybelle

 

Can I ask you this, do you know the exact date you moved in 17 years ago ?

 

you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

 

You may have a Assured Tenancy !

 

It's important know the date as you may have more legal rights to stay in your home

 

and was it a joint tenancy or just in your husband name or yours .

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Hi, Its a bit complicated.

We moved in 5/11/1997, with a Rental Agent, the then owner died about 2006, her son then inherited the house. The original agent sold her business to a another agent early 2000, the only tenancy agreement I have is when the now LL took over dated 5/11/2007, it has both my husband an I down as tenants but he was the lead tenant with only he's signature as tenant, my signature is under the witness part. I have no new tenancy since my husband died 3 years ago. Also the LL dismissed the agent about 2009, so we have dealt with him direct since then.

Many thanks Sandra

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Hi, Its a bit complicated.

We moved in 5/11/1997, with a Rental Agent, the then owner died about 2006, her son then inherited the house. The original agent sold her business to a another agent early 2000, the only tenancy agreement I have is when the now LL took over dated 5/11/2007, it has both my husband an I down as tenants but he was the lead tenant with only he's signature as tenant, my signature is under the witness part. I have no new tenancy since my husband died 3 years ago. Also the LL dismissed the agent about 2009, so we have dealt with him direct since then.

Many thanks Sandra

 

Hello again mollybelle.

 

From what you posted, you only have a AST http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_shorthold_tenancies

 

which has gone periodical and do not have a Assured tenancy.

 

you need to contact Shelter telephone number or contact them via one of there Local offices.

 

Enter your full post code on right hand side http://england.shelter.org.uk/get_advice/private_renting and click Find

 

or contact or go to your Local CAB office, Again Enter your full post code in the middle

 

http://www.adviceguide.org.uk/england/about_this_site/get_advice.htm

 

and click search....

 

Contact Shelter or CAB ASAP, they are your best bet to advise you further and should be able to find you a solicitor as well under legal Aid hopefully, If they think you need one !

 

Keep us All posted at CAG on how you got on...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I assume orig AST had a short fixed term (say 6 months) before becoming periodic.

The LL Notice is a basid 2 cal month notice, not reliant on expiry dates etc, as allowed by Court of Appeal ruling last year, though most Judges expect to see the more formal s21a with correct expiry date.

When you say hearing date is 'next Thurs' do you mean 15th or 22nd Jan?

Local CAB may be able to find a local staff solicitor to speak for you.

Also contact Residential Tenancy Officer at local Council Housing Dept tomorrow

You can take a friend, but they won't be able to speak on you (unless a Solicitor).

Judge can 'stay' a repo order for up to 42 days max.

Time to hit the tel TODAY.

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