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Order for possession (accelerated procedure)


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Hello all. Pls i need help with an order for possession made against me by landlord.

 

I have been messed about and it seems to me like i have been tricked into not responding to earlier claim for repossession of a flat i rent

 

 

i have been renting this property for about 3yrs sometime last year i fell into a little arrear of less then a third of the monthly rent.

 

 

i was immediately served a notice for repossession claim from the court issued by the landlord whom i've never met or spoken to in all my stay.

 

I spoke to the managing agent about the claim and was assured that once i clear the arrears the claim will not be pursued further which i did.

 

 

i have never held against given up possession of the property all i asked is to be given adequate notice so as to find another accomodation especially as there are children involved.

 

i started getting calls from other agents about availability to view the property

which i asked that any access to the property must be through the agent i got the flat through.

 

 

i got even more calls from Auction house about public veiwing for the property

which was a shock to me as the agents never told me about the house going on auction.

tried as hard as i could to spk to the agents ,i could not get through to them.

 

The next thing i knew was order for possession made by the court for me to give up possession by 7days.

 

 

Eventually got through to agent at about the time i usually make monthly payments.

 

 

When i asked about recent development all i got was apologies and that the owner have decided to sell.

 

 

After highlighting the fact that i was never informed about selling and now have an order for possession expiring in 7days,

 

 

the agents assures me there is an investor willing to purchase and keep me on as tenant.

 

Only to now receive a second notice from court about the order for possession

and on top of that to pay cost to claimant!

 

 

what do i do?

 

 

can i write to court about how i've been messed about?

 

 

pls help as order expires today and from the erratic behaviour of claimant next step could be bailiffs!

Edited by Andyorch
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Did yor LL serve you the correct notices about the rent arrears and how to sort it out?

 

After that did he serve you a notice to quit?

 

How long has this been going on?

 

You will receive a visit soon by High Court Enforcement Officers (HCEO's) when they arrive the will force entry to evict you. Provided that they have the correct paperwork. If the Court has agreed they can transfer it to the High Court.

 

You must ask for a copy of this notice. Your LL may not have had the Courts permission to transfer it up. If it has been you will have no option but to leave.

 

You really need to contact your local Council now for further advice. They will state stay put until you are physically evicted. This you should do. If you leave before you are evicted you maybe considered intentionality homeless. The LA have a duty to rehome the children so you could be offered temporary accommodation. If you want to know or see more Google a TV show can't pay we'll take it away.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thanks for your response. This has been going on from 2013. Thing is LL is very unpredictable, reported a broken down boiler last year and i was threatened with eviction. Earlier notice of repossession was issued in november 2013, reason given was that tenure of assured shorthold had expired, eventually learnt from agent that main reason was arrears which if settled repossession will not be pursued,which i settled immediately. Then this year started getting calls from other agents about inspecting the property for the LL. Tried to find out why but all i got was they are not sure why LL requested. All of a sudden sometime last month,got a call from auction house, notifying me about public viewing as LL is putting flat up for auction, not too long afterwards, order for possession!

I sent an application today to county court manager for order to be varied to allow me time to find another accommodation, wonder if this can help. Also how long does it take to claim DPS deposit, will certainly need my deposit back to be able to find another accommodation.

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Confirm that your LL has protected your deposit continuously, he should provide the evidence. He had 14 days to do it. If he didn't its the only technicality that get the order set aside. Good luck.

 

Thanks for your response. I received a couple of letters from the deposit protection service updating me with my detail for repayment sometime in 2013. I guess this means its been protected. or do i need one more often? What about the application i made to the court, does it not stand a chance? because in the order for possession it says either party can apply for it to be varied within 14days of it being served. Please advice. Thanks

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