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I have a situation where my social housing provider has applied to seek possession using ground 12 (for alleged no access for a repair they failed to do after ot was reported in 2018).
After i submitted my Right to Acquire application in May 2024, despite getting a notice of admittance in June and the RICS valuer attending in July, to date, I still have not received my s125 notice (with the valuation).
The Housing Ombudsman made a determination on a complaint after a 2 year wait in July 2024 ans in retaliation the housing hand delivered a NOSP.
My application was put on hold on the deadline date that i was supposed to receive the s125 and then in September they applied to court, which was issued in october 2024.
Cutting it short, to date there have been 4 hearings relating to this.
First one December 2024, (30 mins) adjourned. Court was misled to believe gas safety inspection was a part of a court order which it was not and also due to continuous administrative errors my defence was not filed so i had to allow access and another hearing was set for March 2025 (30 mins) again issues with my defence, but the Judge did make reference to it but due to timing again only the claimant gets the centre stage.
This hearing was adjourned generally with the claim to stand struck out if no application to restore by 20/03/26.
In october 2025, i receive a "notice of restored hearing" from the court giving 1 weeks notice of a hearing date.
As there were no further details, i contact court to establish reasons for restoration as no terms were given at the hearing in March 2025, to be told the claimant requested to restore due to defendant being in arrears which is untrue and also not ground 12, so would not be restoration.
This was denied later by the claimant who did not even turn up at the restored hearing in october but at last minute they must have got a solicitor to attend as she arrived about 15 minutes before the hearing alone.
During the hearing she referred to a letter dated june 2025 as a reason for restoration, which would not have been mentioned in their original particulars of claim dating back to September/October 2024!
This is where my concerns are raised even more as the nosp has already expired in July 2025 and there were no documents filed or served based on the restored hearing in october 2025.
Despite this the judge ordered the claimant have 14 days to file and serve any documents (that should have been done prior to the restored hearing) and then the defendant was to have 28 days to file and serve sny response.
There were more administrative errors with this as well, but where i really require the advice is how this works with an expired nosp?
The 3rd adjourned hearing (20 minutes,) in october lead to the 4th hearing this month (30 minutes) which again was adjourned, not once has any evidence of a ground 12 breach been proven and it seems it will now lead to a full day hearing, which is just ridiculous!
Can possession really be granted on an expired nosp with no evidence of any application to restore the claim and many administrative and Procedural Errors? Effectively they are seeking possession to obstruct my statutory RTA!
It seems just an email in August from.the claimant to the court is all that was required?
Any genuine advice will be appreciated
After i submitted my Right to Acquire application in May 2024, despite getting a notice of admittance in June and the RICS valuer attending in July, to date, I still have not received my s125 notice (with the valuation).
The Housing Ombudsman made a determination on a complaint after a 2 year wait in July 2024 ans in retaliation the housing hand delivered a NOSP.
My application was put on hold on the deadline date that i was supposed to receive the s125 and then in September they applied to court, which was issued in october 2024.
Cutting it short, to date there have been 4 hearings relating to this.
First one December 2024, (30 mins) adjourned. Court was misled to believe gas safety inspection was a part of a court order which it was not and also due to continuous administrative errors my defence was not filed so i had to allow access and another hearing was set for March 2025 (30 mins) again issues with my defence, but the Judge did make reference to it but due to timing again only the claimant gets the centre stage.
This hearing was adjourned generally with the claim to stand struck out if no application to restore by 20/03/26.
In october 2025, i receive a "notice of restored hearing" from the court giving 1 weeks notice of a hearing date.
As there were no further details, i contact court to establish reasons for restoration as no terms were given at the hearing in March 2025, to be told the claimant requested to restore due to defendant being in arrears which is untrue and also not ground 12, so would not be restoration.
This was denied later by the claimant who did not even turn up at the restored hearing in october but at last minute they must have got a solicitor to attend as she arrived about 15 minutes before the hearing alone.
During the hearing she referred to a letter dated june 2025 as a reason for restoration, which would not have been mentioned in their original particulars of claim dating back to September/October 2024!
This is where my concerns are raised even more as the nosp has already expired in July 2025 and there were no documents filed or served based on the restored hearing in october 2025.
Despite this the judge ordered the claimant have 14 days to file and serve any documents (that should have been done prior to the restored hearing) and then the defendant was to have 28 days to file and serve sny response.
There were more administrative errors with this as well, but where i really require the advice is how this works with an expired nosp?
The 3rd adjourned hearing (20 minutes,) in october lead to the 4th hearing this month (30 minutes) which again was adjourned, not once has any evidence of a ground 12 breach been proven and it seems it will now lead to a full day hearing, which is just ridiculous!
Can possession really be granted on an expired nosp with no evidence of any application to restore the claim and many administrative and Procedural Errors? Effectively they are seeking possession to obstruct my statutory RTA!
It seems just an email in August from.the claimant to the court is all that was required?
Any genuine advice will be appreciated