Help needed with Accelerated Possession Claim

[Malibu1]

Thank you for the reply. In the event of not being able to secure alternative accommodation before 6 Jan, how much time exactly after that might I have before bailiffs arrive to remove me from the property?

I need more time to secure accommodation and file my evidence. Can I make an application to suspend/adjourn/cancel/dismiss/strike out the possession order?

What exactly would I need to do for that? Would anybody possibly be able to help with any court forms and drafting of supporting documents etc? I would really appreciate any help with this. Many Thanks

[Malibu1]

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.

I believe the S21 was invalid, however the claimants disputed this in their reply to my defence - Which I have had no chance to address their various allegations. I was unable to attend the hearing due to ill health, beyond my control, and had no help with writing my N244 asking for adjournment/extension of time. I think the judge has made huge error and the judgement against me is very unfair. Is anyone possibly able to help with an appeal? As I stand to lose a roof over my head.

[Malibu1]

My understanding is that I have 14 days to appeal. Is an appeal the same thing as a set-aside, or is a set-aside something different? Should I apply for a copy of the remote hearing transcript, as I wasn't present at the hearing?

[islandgirl]

I have not had to deal with this so cannot help with the law in this area. Perhaps someone else will post. I think a post on Landlordzone would help you - tell them about your situation and how you got here as briefly as you can. It usually takes quite a while for baliffs. In the meantime contact your local council and tell them your situation and contact Shelter.

[Malibu1]

I have always had the impression Landlordzone is generally a bit more favoured towards landlords. And I don't think I will get any help on there with drafting documents or court forms & court procedures, which is what I really need help with as quickly as possible.

I obviously didn't do a good enough job with what I wrote on my N244 application for extension of time. My stress levels are through the roof and have a lot of health problems. I cannot sleep, or think straight and this is making me really unwell and severely exacerbating my health conditions.

I am clueless with court matters and really need help with properly pleaded N244 appeal and clear guidance of exactly what to do, ideally for another court hearing to be granted, so that I can have time to prepare my supporting evidence properly. And would like to revise my defence so that it is professionally and properly pleaded, as the one I wrote myself clearly wasn't sufficient.

That would also allow me more time to secure alternative accommodation, which is extremely difficult at the moment, due to demand for properties and will be even more difficult over Christmas & new year.

Please is anybody else able to help me with this?

[islandgirl]

Landlordzone very much helps tenants. It will not draft your forms but it will tell you if you have a right of appeal of any kind and point you in the right direction. I know it will cost money but I think your only alternative is working with a solicitor. Have you checked if any legal aid is available? Speak to Shelter too.

[Malibu1]

Would anyone possibly be able to help with completing an N244 application, as I know it is important to use the correct wording and I am not sure what I should write on N244?

[Malibu1]

I was hoping somebody could help with a few questions regarding this.

I filed an N244 application to set-aside the possession order. I also sent a doctors letter as supporting medical evidence and a 7 page witness statement addressing the new false allegations that had been introduced by the claimant.

I am not sure if the deadline to send this application was 14 days, or 21 days? It was sent to the court I believe 15 days after the date of the possession order being received.

I have been chasing the court every few days since then and there is still no update and the last time I enquired I was told it was still with a judge and they were waiting for directions from the judge.

Since then the possession date on the possession order has passed. I received a threatening email from the letting agents 2 days before the date of possession, demanding I post the keys through the agency letterbox before the deadline, or they would be applying for bailiffs.

The letting agent then turned up at the property to harass and threaten, trying to force me to leave. This was the same lettings manager who provided a witness statement to the court containing various false, spurious and malicious allegations against me.

The agency then sent me further threatening email and also admitted they evicted me because I was unable to accommodate property inspection on their demand, however they have lied to the court in relation to the reason for eviction, and claim it was served as they need the property for their elderly mother.

I have been advised by them that they have now applied for bailiff eviction.

Will there be an equal delay in their bailiff application being processed as there has been for my application to set-aside? Is the bailiff application dealt with by the same judge who is dealing with my application to set-aside possession order? What is likely to happen now? Is it possible the judge will set-aside the possession and order another hearing?