I need some help with an eviction and an N244

[Cristalina]

Hello. My name is Cristina and I wanted to ask for some help regarding an eviction order received through the post a few days ago. The problem is that I am currently not in the UK, as I am visiting my elderly mother who lives in Europe. She is suffering with some health issues and I am here to assist her, being an only child. I have been given hospital appointments that I have to attend on the 9th of Nov, a week after the eviction date on the papers, which is on the 3rd of Nov. The airplane tickets are booked for the 13th of Nov, when I will be able to get back to London.
Currently, in the property are my children, 16 and 18, which is my main concern. I don't have any family in the UK that can assist with this, as my husband is also traveling with me. After a bit of online search, I discovered that my only option seems to be I submitting an N244 to help me postpone the eviction, until I return. However, after reading more about it, I realized that after submitting the form, the court could arrange an emergency meeting in 24 hours and I will have to attend. I can only hope that the Judge will understand my situation and will arrange a meeting on a date after our return. Could anyone advise me on this issue please?

[islandgirl]

What eviction order have you received? Is it via a S21 or S8. Are you up to date with rent?

[Cristalina]

What eviction order have you received? Is it via a S21 or S8. Are you up to date with rent?

Hello Islandgirl and thank you for the reply. The letter is titled Notice of eviction and it apparently has come from the local district registry of the High Court. It has a claim and writ number on it and it is telling us that we should move out before the date and time specified.
We have had a recent trial with out landlord and we were waiting for him to contact us regarding the housing situation. We owed him money for rent, while he owed us money for refurbishments done at the property. I believe this is to do with the case.

Sorry, just realized that you have asked some other questions. There were 2 separate yet concurrent claims that the landlord has issued against us with the Court, initially an S8 and then an S21. This notice has a claim number that starts with a K, so I believe it is to do with the S21. Since the trial there have been no requests for rent and we were in a kind of a stalemate. The landlord himself lives abroad and we used to deal both with him and a letting agency. The letting agency is no longer involved, so we did try to communicate with him personally, yet he did not reply. For the last couple of months since the trial, we were waiting for the landlord to start communicating with us about our future relationship and the housing situation, when we received this.

[islandgirl]

Thank you for the information. There is a very specific process by which money can be withheld for repairs and refurbishments. If you are not paying rent then it is difficult to argue that you should stay in the property. What happened at the "trial" with the landlord? Why were you waiting? If the notice is an eviction notice telling you to leave on a certain day the LL has to get the baliffs in to physically throw you out. This may take weeks. Or it may not. My best advice not knowing all the facts is that you contact Shelter who may be able to help you or engage a solicitor in the UK to look at this whilst you are away.

[efpom]

The OP's mention of a High Court writ does indicate that an Order of Possession has been granted and enforcement of the Order has been transferred to the High Court. If that is right High Court Enforcement agents may likely attend on the 3rd November to take possession of the property.

A High Court writ of Enforcement is the last stage of an eviction process, which would have started many months ago.

The OP can apply to the court for suspension of enforcement via form N244 and ask for the application to be heard remotely, citing compassionate grounds - i.e. elsewhere in Europe assisting elderly mother.

I have to say I think the OP's prospects of enforcement action being quashed are nil and suspension of enforcement are slim. If enforcement action is suspended it would be for a relatively short period - the OP would be lucky to get 2 weeks.

When the writ is executed anyone on the premises will be removed from the property. if they are thus homeless the local council council is under a duty to provide emergency accommodation for them.

[islandgirl]

Gread advice from Efpom. I thought with the mention of a "recent trial" it would not yet have had time to go to the high court but I think the above post is absolutely right. The OP needs to get home asap in my opinion. If the couple are out there one can stay to care for the relative. A extra cheap flight from Europe is better than having your kids thrown out of their home on their own even if they are 18 and 16.

[Cristalina]

Gread advice from Efpom. I thought with the mention of a "recent trial" it would not yet have had time to go to the high court but I think the above post is absolutely right. The OP needs to get home asap in my opinion. If the couple are out there one can stay to care for the relative. A extra cheap flight from Europe is better than having your kids thrown out of their home on their own even if they are 18 and 16.

Thanks for the help and advice. My husband did suggest that he could return to London, but I am not confident that I can deal with the family issues on my own. I am suffering with depression and anxiety and his support is what keeps me afloat.
I think we will fill in the N244 and ask the judge for a suspension of enforcement. It is not an emergency for the landlord to get his property back and it would make sense that the parents should be given a chance to be present. Anyone knows anything about the law in regards to evection of minors from a property. Surely the bailiffs can't just break in and force a couple of children to leave the premises?

[islandgirl]

As a landlord, not getting rent for months would be an "emergency" for me and I would want my property back asap and would vigourously defend any attempt to suspend whatever the circumstances. This has not come "out of the blue" but you have know the eviction was on the cards for many months. One of the kids is 18 so not a minor. I still believe one or both of you needs to get back although it may not be what you wish to hear. One of you can then fly back to take mum to the appointment once the kids are settled. You are likely to go to emergency accommodation which may not be very nice (no idea whereabouts you are in the UK). I am sorry for your situation but the reality is that eviction is inevitable - as Efpom says, any delay will be very short if awarded at all.

[Cristalina]

As a landlord, not getting rent for months would be an "emergency" for me and I would want my property back asap and would vigourously defend any attempt to suspend whatever the circumstances. This has not come "out of the blue" but you have know the eviction was on the cards for many months. One of the kids is 18 so not a minor. I still believe one or both of you needs to get back although it may not be what you wish to hear. One of you can then fly back to take mum to the appointment once the kids are settled. You are likely to go to emergency accommodation which may not be very nice (no idea whereabouts you are in the UK). I am sorry for your situation but the reality is that eviction is inevitable - as Efpom says, any delay will be very short if awarded at all.

Thank you very much for your help in the matter.

[efpom]

To answer the OP's question at post 7, High Court Enforcement Agents are entitled to use reasonable force to remove the occupier/s from the property.
Usually the Police will be called in order to ensure that there is no breach of the peace, and to assist the High Court Enforcement Agent under the "Constables Duty to Assist" (The Courts Act 2003, Section 99, schedule 7, Para 5).

High Court Enforcement Agents do not have to give the occupiers time to remove their belongings but will usually grant a period of about one hour for essential items e.g. medicines, passports etc to be gathered together. Any belongings left behind can be collected by arrangement with the landlord. Such an arrangement will inevitably require the belongings be removed within 7 days.

If those belongings are not collected within in that time, the landlord would be entitled to dispose of those pursuant to the Torts (Interference with Goods) Act 1977.

Finally, an application to the High Court, of itself, will not suspend execution of the writ. it is the court's grant of such an application that will do so.