Help needed with Accelerated Possession Claim

[efpom]

I stepped away from this thread because you do not seem to understand what a s.21 Notice is. It is a “no fault” termination of an assured shorthold tenancy.

You have been very lucky to get a hearing, in person - If I was in your shoes, I would attend that hearing

The judge at a hearing about a s.21 Notice has only one task – to determine if the s.21 Notice is valid or not. If the former, the judge MUST make a Possession Order, if the latter, the Notice is of no effect.

There is no point in you tagging me, or anyone else, seeking answers to questions which, with respect, are wholly irrelevant to the hearing above.

I wish you good luck for the hearing and your efforts to find alternative accommodation.

[Malibu1]

efpom - As previously stated, I am not able to attend a hearing in person due to health conditions - Your reply isn't really very helpful. Can anyone else possibly help?

[islandgirl]

If you have shown that the notice was invalid (we have discussed the reasons it may be) then possession will not be awarded. If you have not shown this then it will. You can explain health issues etc and you may get 42 days instead of 14. The key issues is whether the S21 is correctly served. I know this is not what you wish to hear and have every sympathy with you.

[efpom]

For general interest to readers:
At a possession hearing, the court has the following options:
a) dismiss the claim for possession
b) make an outright order for possession
c) make a postponed or suspended order for possession
d) adjourn the claim for possession

If the Notice (S.21 or S.8) is invalid a) will occur.
If the Notice is valid, the court can do b) or c)

On b) in practice, if there are more than 2 months arrears of rent, the court would probably make an outright Order to take effect 14 days later.

On c) see https://england.shelter.org.uk/housi...ssession_order

On d) see
https://england.shelter.org.uk/profe...dings#source-6

[Malibu1]

The claimant has filed a reply to my defence, in which they deny all of my allegations, is wholly defamatory and also includes various false allegations against me. I did not receive this until 28th November.

The possession hearing is on Monday.

I am too unwell with various conditions and not able to attend the hearing. Some of my evidence in relation to my defence is from third parties and is not yet available.

I would like to request as much time as possible to address the claimants reply to my defence and to also put together all of my evidence for my defence.

Could anybody please possibly help with exactly what I should write on the N244 application, as I am struggling and confused and not sure exactly what to write?

Apologies for short notice - Would really appreciate any help. Many Thanks

[Malibu1]

Sorry I forgot to mention in above post - Can I also request that a hearing on a later date be judged on papers only, as I will not be able to attend a hearing on health grounds?

[Malibu1]

Please could anyone help with this as early as possible today, as I need to send it to the court ASAP and don't want to make any mistake completing the application.

[Malibu1]

Could anyone possibly help with this today? The hearing is tomorrow morning.

I am not sure exactly what I should write in the form, or how much detail, and unsure of some of the questions on the form. I do not think my wording is very good and would appreciate if somebody could help with exactly what to write on the application. It can take me hours just to fill out a simple form and somebody I am sure could do much faster than me.

[islandgirl]

I am sorry but I do not have the experience to help. You need to show why the S21 is flawed (we have detailed the circumstances which make it so previously) and possession then cannot be awarded. Good luck with the hearing

[Malibu1]

As above, I am not able to attend the hearing, in person, or remotely, due to Covid and various other physical and mental health conditions.

I really need help with N244 application to send to the court before the hearing tomorrow morning.

I would like to apply for an adjournment of the possession hearing tomorrow, on the grounds of ill health, as I am unable to attend and this puts me at an unfair disadvantage.

And also an extension of time to address the false allegations made in the claimants reply to my defence, which I did not receive until 28 November. And extension of time to provide evidence in support of my defence, as that is not available at the moment.

Do I have to specify an exact amount of time I am requesting for extension of time? Is there a maximum amount of time I can request?

Please could somebody possibly help to draft the appropriate wording to write on the N244?

[islandgirl]

If this is a S21 possession hearing then all that matters is whether the S21 is valid. I think that you will just have to write everything as best you can and hope that the judge is sympathetic to you. I am sorry I have no experience in this area to help you.

[Malibu1]

I have just received copy of possession order made on 5 December stating I need to vacate the property before 6 January. Is there any option to appeal this and ask for a different judge? Would very much appreciate any help with this.

[Huxie]

https://england.shelter.org.uk/profe...ocess#title-11

Did you contact Shelter to see if they could provide advice/assistance?

[Malibu1]

Assistance from this forum would be much easier for me - If anyone could possibly help with this, it would be very much appreciated?

[islandgirl]

I am not surprised the order was granted (it has to be unless the S21 is invald for the reasons we discussed). I assume it has been given at 6th January due to the Christmas season. Of course you cannot be forced out on 6th January. Indeed your local council will probably tell you to stay (even though the costs of getting you out with be yours). Baliffs will have to be used to remove you (the council will usually tell you to stay put until you have a date for the baliffs to come). If you do not move before then the chances are you will be put into temporary accommodation which is unlikely to be desirable and will not accept pets. I agree that you should contact shelter and perhaps the CAB. Another option is to post on Landlordzone a forum which also helps tenants. Good luck.