accelerated possession order

[crow_raven]

I'm really confused, my land lord decided to have his property back and served me the section 21 but I could find anywhere to go.

 

 

so I seek advice on my local council and they advised me to stay in the property until the LL get a accelerated possession order from the court and after the bailiffs'.

 

the council adviser told me if I leave before they will see my case as intentional homeless and they will not help me after that .

 

I never missed one rent payment, so no arrears at all.

 

the council adviser told me as well that the land lord has is paper work fine,

so its certain the court will give him a possession order, in the mean time I will continue paying my rent as always.

 

my questions are:

 

if the land lord going to court and ask for accelerated possession order this will be register on my mane and will affect my credit report?

 

 

is this type of order the same as civil judgment ?

 

 

I intend to keep paying the rent and the court cost, but I really have no other way and I would like to keep my name without any ccj that could affect me in the future.

 

 

any help will be much appreciated.

thank you in advance.

[citizenB]

I will try and find someone who can help with your question.

[Steve__M]

If you are evicted and get costs awarded against you it only affects your credit history if you don't then pay those costs.

 

My limited knowledge suggests that a council that is advising this is unlikely to have very good options available for rehousing - have they given you any indication as to your chances of getting something reasonable?

 

People often recommend going to see Shelter for advice. They may have useful information about what you can expect to happen in your local area.

[Gemma.]

A section 21 Notice is seen as a 'no blame' eviction. The council are ignoring that, you have no choice, you must leave and be re-homed. They will always say stay till the bailiffs come but that will mean you DO get a ccj against you for the costs of the eviction. Rent has nothing to do with this. It is mandatory that the court give the landlord possession.

[citizenB]

http://england.shelter.org.uk/get_advice/private_renting

 

^^^^^^^^^ Speak to Shelter, they have a legal department who will likely be able to advise you what your options are. If you look through their FAQ's there is a free telephone help line that you can call.

 

It seems very unfair if you were to obtain a CCJ for something you have absolutely no control over.

[45002]

I'm really confused, my land lord decided to have his property back and served me the section 21 but I could find anywhere to go.

 

 

so I seek advice on my local council and they advised me to stay in the property until the LL get a accelerated possession order from the court and after the bailiffs'.

 

the council adviser told me if I leave before they will see my case as intentional homeless and they will not help me after that .

 

I never missed one rent payment, so no arrears at all.

 

the council adviser told me as well that the land lord has is paper work fine,

so its certain the court will give him a possession order, in the mean time I will continue paying my rent as always.

 

my questions are:

 

if the land lord going to court and ask for accelerated possession order this will be register on my mane and will affect my credit report?

 

 

is this type of order the same as civil judgment ?

 

 

I intend to keep paying the rent and the court cost, but I really have no other way and I would like to keep my name without any ccj that could affect me in the future.

 

 

any help will be much appreciated.

thank you in advance.

 

Hello crow_raven

 

1st

 

Has your LL issued you with a s21 and was your deposit protected ?

 

More on accelerated possession order here https://www.gov.uk/private-renting-evictions/accelerated-possession

 

My understanding (i think) is if the tenant leaves by date ordered by court, the tenant does not have to pay Any court cost.

 

It's only if a LL has to go back to court and get bailiffs to remove a tennat, then the tennat would have to pay court cost !

[citizenB]

As requested, I have sent lea_HTH an S.O.S.

[crow_raven]

thank you for your help.

tomorrow I will call the shelter as I can not see any other option myself.

like I said the council adviser told me that I will be eligible for help but I can not leave my place or they will not help me.

 

 

I really don't want to have any ccj registered under my mane.

 

 

once again thank you for you help and time.

[Lea_HTH]

If the OP wants local authority assistance with rehousing, they have no option but to stay until they get the notice of eviction.

 

Costs are awarded at the hearing (or in the case of accelerated proceedings, on the paperwork), and therefore whether there are rent arrears or not, there'll be court fees to pay, which the LL is entitled to as having to go to court for the PO is going to cost him. Costs will be payable by the date on which the PO is given...so if the PO is given for 14 days, the costs will be payable by that date, and if they're not, it becomes a CCJ.

 

I see that OP hasn't bothered to answer 45002's VERY relevant question about the deposit.

[crow_raven]

hi lea

thank you for your replay.

 

 

sorry I dint realised the question, but deposit its protected.

 

 

 

 

I will pay the court fees in time this will be considered a ccj ?

 

 

once again thank you .

[citizenB]

No, as Leah has advised, if the court fees are paid within the 14 days then there will be no CCJ.

[crow_raven]

thank you citizen B .

 

 

I feel much better right now.

I contacted the shelter and they said the same.

also they told me that the council should not keep me and my family in the property for the whole process as children and a pregnant women are involved, but its a discretion so they shouldn't but they can.

looks like if I want to get any help for the council I will have to wait until the bailiff's show up for the eviction to be enforce.

any way I will pay the expenses with in 14 days to avoid CCJ on my name.

 

 

once again thank to everyone who help me on this matter .

[citizenB]

Please do let us know how you get on

[mariner51]

It is possible that Council will find temp alt accom for at least child and mother once PO is granted, before physical Bailiff eviction.

but not nec in same local Authority area. T remains resp for any applicable Court fees.