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| Hello I'm new to the site and any help would be great. I have been given a possession order from court - landlord issued section 21 using accelerated process as I am on assured short hold tenancy agreement. I have lived in the property for 4 years. I'm not objecting to going, however, I defended my case by asking for extra time as I will be homeless. I have managed to find a new property which is not easy as I have just lost my job and receiving benefits now, but I cannot move into property for another 3 weeks. The possession order notice was 14 days. I have been told that I can apply to court using N244 form asking for possession order to be suspended for a while. does anyone know if this is possible? I have been dealing with Shelter who have told me they cannot help as I filled in a defense (on their advice) and they cannot help defend again! so any help here would be great. I am panicking now as the possession order is for this week so I need to act urgently. Thank you so much Lily |
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Re: Hello to everyone, your advice will be much appreciated
Hi and welcome to the site, someone will pop along presently to help you. -
Re: Hello to everyone, your advice will be much appreciated
Lily,
Yes you can apply to the court to postpone any eviction ordered following the date of possession on the original order. Use a N244 form as Shelter has said. From what you say all the court has done so far is grant the Landlord possession of the property (instead of you) but he can't judge pitch up at your front door and kick you out or let himself in. He will now have to go back to the court to seek an eviction order. Don't let him tell you any different.
What date will the 14 days notice on the possession order expire? If you "defended" the repossession (albeit there is no defence to s.21) why didn't the court give you the maxium 42 days which is within its power? Were there rent arrears? Did you go to the hearing and explain your position? Are you single or do your have children - courts are more lenient when children are involved.
When you make your application to defend the eviction warrant make sure you have a signed copy of your new tenancy agreement as proof to show the court that you have somewhere to live from a specific date. These kind of hearings are generally fast-tracked and depending on which part of the country you live in you should get a hearing within a couple of weeks and defintiely before any eviction can take place. The court should respect the fact that you will be homeless if they don't give you more time before the bailiffs call. Have you got that new AST signed and sealed yet? If not get it done asap.
Why has your Landlord decided to take back the property? If there are no rent arrears have you tried approaching him direct to agree a later departure? Are you in a position to pay the rent for those three weeks or maybe it would be covered by housing benefit. I doubt very much your Landlord will have another tenant moving in staight away after the possession date on the order because Landlords know that tenants have the right to stay put until bailiffs arrive. He can't risk being double-booked. You'll probably know if a new tenant has been lined up because your permission would have been needed to allow anyone into the property to view it.
But most importantly was your deposit protected? Because the Landlord cannot evict you if it wasn't.
I'll be back with case law to back that up depending on your answer
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Re: Hello to everyone, your advice will be much appreciated
Hi Plan B many thanks for your reply.
I have filed a N244 form and handed it to the court. I am just awaiting their response. I do have some rent arrears, but this was not mentioned on claim but that is the one reason for the LL to want to take possession. There are also some work that needs to be done (repairs) that have been long going. I filed in deference forms and asked for extension but was given 14 days notice anyway without a hearing (I have one dependent child) the LL used section 21 accelerated I suppose to get quicker possession. The property I am in is on Agents books as being available. I am waiting for new tenancy agreement to be sorted by new agents. The rent is being paid by housing benefit directly to LL and yes the deposit is unfortunately protected. I will post more when I have news from court. Thank you so much for your help.
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