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ConfusedAP

Help, landlord repossession court hearing tomorrow, I've just found out.

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Hello, I'm not sure if I'm posting in the right place.

 

I need help, I've just found out that my Husband has hidden the court papers from me regards the hearing tomorrow about the house being repossessed by the landlord.

 

I've emailed the court saying I can't get back in time as I'm working away and that I would.likw another hearing.

 

Can I apply for another hearing ? I know that the landlord wants us out due to arrears but I would.like to go to court as the amount he is claiming is silly and needs challenging

 

It's not a section 21.

 

Also if someone could also advise , he only secured our deposit after 18 months when I renewed the contract. He says he has no access to the files of his partner (who is not available) but it was secured. I can not find any record of this on any of the schemes. Can I counter claim for the 18 months with interest, the deposit was 1100 so If possible could someone please work that out?

 

I know it's a big ask, buy I would like some advise if possible.?

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Hello and welcome to CAG.

 

I'll flag your thread to the site team and see if we can get you some help, but as you know it's short notice.

 

Best, HB


Illegitimi non carborundum

 

 

 

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You can certainly ask for an adjournment, but I'm afraid that having asked this they in the day – it is unlikely to happen even if the court happens to see your email.

I'm certainly not the person to advise you on this but I can tell you that you had better find a way of getting to court. I'm hoping that someone will be along reasonably soon


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Thread moved tot he appropriate forum ..please continue to posthere to your thread.

 

Is it a Section 8 Notice you have been served ?

 

Andy


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Posted (edited)

Hi Andy

Yes it is, I've no issue with that but I want to counter claim to reduce the amount owed and also show that it's not just a one way street. Text like " I've got loads of money...I don't have to secure your deposit" this is from someone who owns numerous properties and also has contracts with the local authorities so should know the procedures.

 

There is no way I could get there tomorrow, I am 350 miles away without a car.

Edited by ConfusedAP

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If you don't attend the landlord will get possession in your absence .and you will get notification of that in the post from the court .However he will then have to apply for an eviction date  so you won't have to leave until that happens.  When will you be able to get back?   You can apply to the court for a hearing to suspend possession  but the cost is £250 if you do it before the eviction notice comes.  We can help you with the application.


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Hi, thank you very much for the help. It really is appreciated. 

 

I'm worried he will get it moved to the High Court, I've seen so many bad things about this.

 

I known he will win, however I want to contest the amount and also issue a counter claim for the way he has not secured our deposit and boasting about how he didn't have to. He has over 30 properties and I would be surprised if we are the only ones to be treated like this.

 

I know people will say I should have said something at the time , but Landlords have so much power over your life. For example he has not had a gas check done for over 19 months and we were so scared of bringing it up that we paid for our own.

 

How would I calculate interest on 1100 for 18 months as I want to counter claim.

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Do you intend to stay in the property or do you have somewhere else organised?


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Hi.

 

I intend to leave so that's not the issue. I intend to pay what I owe but I don't want to be out in two weeks and get an order for thousands more than I owe, because then I won't be able to pay that off and end up with a CCJ which will probably result in me losing my job.

 

 

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Check with the court again first thing in the morning - do you have a telephone number for them?   let's see if you can get the hearing adjourned to another date.


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I thought that he would get a date on the day and it could be two weeks ! There's no way I could get sorted today. 

 

Is there no way I could give a statatory Declaration, or is that just a Magistrate court?

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int would only be worth £139ish 


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Thanks, plus at least the £1100 statutory fine he would have to pay for failing to secure the deposit, which could possibly be more due to his blatant disregard for the law and there should be no way he can claim ignorance as he is a professional LL.

 

Whatever the amount, it will reduce the amount I have to pay him back.

 

Thank you  for taking the time.

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I've tried faxing the court but they just bounce back. 

I've emailed their urgent email address but all I get is an auto response saying email has been received. 

I will ring at 9 am and prey that I can get through. 

 

Thank you all for your help. Feeling a bit lost, but I will do what I can .

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I've spoken to the court, they got my emails yesterday and deleted them! They now have the one I resent and they will put it before the judge asking for a new date.

 

There is no way I will not contest this, he is claiming all sorts . I am happy I can counter claim too.

 

Thanks for your help.

 

 

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Please let us know how it goes today. Do you have time to keep on top of this now?

 

HB

 


Illegitimi non carborundum

 

 

 

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I can't physically get there today, I don't have the money to change my ticket and even if I did I would not have been able to get there for 10am.

 

I will of course keep you up dated as soon as I know. 

 

If they issue a money order can I appeal it as I it will be completely wrong. Plus I want to counter claim for the unsecured deposit, which is I would hope be nearer the 3 x award due to there obvious disregard for the deposit scheme. Thank God we kept the text.

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So quick update by phone. Judge issued possession order with a date of two weeks today and a money order for the full amount. He complete ignored my request for a new hearing and my situation. 

 

I'm just in shock at the moment, I'm going to issue a complaint as I feel he has not followed the correct procedures. 

Unable and unwilling to pay the money order so that will go on my credit file so I am applying for bankruptcy when I get paid as I might as well.

 

Such a real shame as I was willing to work with the LL to pay down the arrears even when I left. 

 

I have no assets, not even a car so there's nothing for him to take. 

 

What a mess, and how stupid of me to even hope the court would try to help.

 

Live and learn

 

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Hang on don't be too hasty  - you can apply for a hearing to get the possession order suspended and make a counterclaim at the same time (you will definitely need to attend the hearing as it's your application) - this application is done on a N244 form which we can help you with.


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Thank you for getting back to me.

This is now a fight around avoiding bankruptcy, however with the size of the money order and the inaccuraciy of the amount there is no other option.

The LL says he wants to move back in (blatantly liying, as he has a massive house but I can't prove he won't) so I won't be able to get it suspended as he's claiming a mandatory reason. Being a realist, and not rude in anyway I promise, is there any point as I won't get a suspension...is the only way to counter claim now going to be by paying £250?

 

I spoke briefly with a Solicitor from a decent firm yesterday evening and he is of the opinion that the LL would be fined the full amount for not securing the deposit and more importantly saying they didn't have to as they have enough money saved up(!?!) 

 

One solution would then be to get this awarded and that would then stop the possesion on rent arrears, I just can't counter him saying he wants to move back in.

 

As an aside, I find it incredulous that there is no real weight given by the fact that he has failed to carry out a Gas Safety check for 19 months. All he more or less has to do is say "oops, sorry...I will get it done asap) and that's that. That kind of makes a mockery of it all, reassuringly I was told that criminal procedures would follow if we were to be injured or die due to an appliance failing...even though he's broken the Law none. 

 

Thanks again for all your help, it's great to have people just there!

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If you can afford it I think you should use the solicitor you spoke  - wait until you get the orders through from the court so you can show them.


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Hi, Ell-en

 

That's great advice, thank you. Unfortunately there's no way I can afford that. Until yesterday I didn't know someone could charge that for an hourly rate. 

 

I'm learning a lot.

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Do you have any legal cover included in your house insurance?  most people don't realise they have it.

 

How much is the money judgement for?


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No, I don't.  Money order was for £3700 So I know that IF my counter claim for 3439 was awarded ( and it's a big if) then that would allow me to clear the arears. Though I'm not holding my breath, the solicitor said that the fact that he's blatantly stated he didn't need to secure it (evidence via text) and that he is a professional Landlord should see him get the full x3 fine. 

 

Is it a criminal offence to not secure the deposit? 

 

What does worry me is that I can not get out of the house in the two weeks allowed. I would like advise on this is you have the time.

Also can I complain about the judges decision? He has not followed (apparently) the guidelines for someone stating they have not had access to the court papers . However I do appreciate that these Judges can be a law into themselves.

 

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If you don't leave within the 2 weeks he will have to apply for an eviction warrant which will probably give you another couple of weeks.

 

Alternatively you could apply for a hearing asking for further time to move out and also stating your case regarding the unprotected deposit.

 

Has the landlord deducted the deposit from what he says you owe?


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