Help please ASAP I'm in court Monday

[Mishmashfire]

I am looking to speak to Celestine I was recommended by her daughter Bella today hopefully as I'm in court on Monday and don't know what to do. I suffer with mental health problems like PTSD and depression I've just been a victim of domestic abuse and my landlord is trying to evict me on Monday and is getting high court bailiffs rather than county court bailiffs and I'm frightened by all of this making me so much worse. The landlord is very intimidating and threatened that I had to give up my dog ( who is old and blind and my caring dog ) when he recently took over the building . I was a few weeks behind in the rent at that point as my ex had gained access in my property causing me to run away for a few weeks so when I called the landlord to make amends he was aggressive and ridiculed me and my dogs importance to me spiralling me into massive depression and unable to cope with things. I am now behind in the rent due to this and now about to be made homeless within two weeks. Could you help me please? ����.Please could you give me advise I'm desperate ��

[charitynjw]

Re: Help please ASAP I'm in court Monday

I'll give [MENTION=2]Celestine[/MENTION] a nudge for you

[Mishmashfire]

Help I'm in court Monday 11th July '16

Default Help please ASAP I'm in court Monday
I am looking to speak to Celestine (I was recommended by her daughter Bella) today hopefully as I'm in court on Monday and don't know what to do. I suffer with mental health problems like PTSD and depression I've just been a victim of domestic abuse and my landlord is trying to evict me on Monday and is getting high court bailiffs rather than county court bailiffs and I'm frightened by all of this making me so much worse. The landlord is very intimidating and threatened that I had to give up my dog ( who is old and blind and my caring dog ) when he recently took over the building . I was a few weeks behind in the rent at that point as my ex had gained access in my property causing me to run away for a few weeks so when I called the landlord to make amends he was aggressive and ridiculed me and my dogs importance to me spiralling me into massive depression and unable to cope with things. I am now behind in the rent due to this and now about to be made homeless within two weeks. Could you help me please? ����.Please could you give me advise I'm desperate ��

[Mishmashfire]

Mishmashfire

Default Help please ASAP I'm in court Monday
I am looking to speak to Celestine ( I was recommended by her daughter Bella ) today hopefully as I'm in court on Monday and don't know what to do. I suffer with mental health problems like PTSD and depression I've just been a victim of domestic abuse and my landlord is trying to evict me on Monday and is getting high court bailiffs rather than county court bailiffs and I'm frightened by all of this making me so much worse. The landlord is very intimidating and threatened that I had to give up my dog ( who is old and blind and my caring dog ) when he recently took over the building . I was a few weeks behind in the rent at that point as my ex had gained access in my property causing me to run away for a few weeks so when I called the landlord to make amends he was aggressive and ridiculed me and my dogs importance to me spiralling me into massive depression and unable to cope with things. I am now behind in the rent due to this and now about to be made homeless within two weeks. Could you help me please? ����. Please could you give me advise I'm desperate ��

[charitynjw]

Re: Mishmashfire

Hi & welcome to LB.

I've sent out an SOS to Cel on your other thread.

[charitynjw]

Re: Help I'm in court Monday 11th July '16

[MENTION=2]Celestine[/MENTION]

[Kati]

Re: Help please ASAP I'm in court Monday

Hi [MENTION=87690]Mishmashfire[/MENTION] to LB

Try not to worry ... I'm sure [MENTION=2]Celestine[/MENTION] will be along soon xx

[Amethyst]

Re: Help please ASAP I'm in court Monday

[MENTION=87380]Diana M[/MENTION];

[Diana M]

Re: Help please ASAP I'm in court Monday

I'm sorry to see that life is being so unkind to you at the moment. You've done the best thing by asking for help.

Celestine will be along later but in the meantime may I ask if you're getting any support from your GP because a letter from them to take to the court on Monday could be helpful.

Is Monday's hearing about your Landlord seeking possession of the property due to rent arrears, or has he already got a possession order and he's seeking to enforce that with bailiffs?

Going to court is not as terrifying as you fear. Believe it or not Judges can be friendly and approachable, and they will listen to what you have to say and take it all on-board. No Judge wants to make someone homeless.

If this is a possession hearing he will have the discretion to make a Suspended Possession Order with conditions such as you pay the rent plus a bit towards the arrears each month. This means the possession order won't kick in unless you breach that order.

If you're not in employment have you applied for Housing Benefit which could cover your rent? If a court knows an application is in the pipeline then I would hope that would be taken into consideration.

HB isn't always enough since it's now an allowance rather than the exact rent matched so there could be a shortfall. If this is the case you can apply for a top-up with a Discretionary Housing Payment which means the Council can use its common sense to pay you more.

Please don't be too frightened about Monday's court hearing. It's your chance to take control of the situation. It'll be empowering and you will have a voice in court. If you don't turn up how will you be heard? Is there someone you can take with you?

Di

[Celestine]

Re: Help please ASAP I'm in court Monday

Hi MishMashFire

Glad to see you are getting some help and advice about your housing issue. As Diana M says, do turn up to court and fight your corner.
Have you spoken with Rise? http://www.riseuk.org.uk They are Sussex based and may be able to get you some support following your abusive relationship.

My daughter was very worried about you after you visited the shop, she was really hoping you'd come here looking for help. She was very keen for you to go back as we had arranged a 'gift' for you after you were unable to complete your purchase. xxx

[Openlaw15]

Re: Help please ASAP I'm in court Monday

I am looking to speak to Celestine I was recommended by her daughter Bella today hopefully as I'm in court on Monday and don't know what to do. I suffer with mental health problems like PTSD and depression I've just been a victim of domestic abuse and my landlord is trying to evict me on Monday and is getting high court bailiffs rather than county court bailiffs and I'm frightened by all of this making me so much worse. The landlord is very intimidating and threatened that I had to give up my dog ( who is old and blind and my caring dog ) when he recently took over the building . I was a few weeks behind in the rent at that point as my ex had gained access in my property causing me to run away for a few weeks so when I called the landlord to make amends he was aggressive and ridiculed me and my dogs importance to me spiralling me into massive depression and unable to cope with things. I am now behind in the rent due to this and now about to be made homeless within two weeks. Could you help me please? ����.Please could you give me advise I'm desperate ��

Hello Mishmashfire

At this point, tell the court your defence is not prepared and require an adjournment to build your evidence. What notice has the landlord give you? Normally it must be in writing at least a month: section 5, Protection from Eviction Act 197; in that the notice must termed a certain way: Notice to Quit Regulations: SI 1988/ 2202. If it's an 'assured tenancy' agreement it requires 2 months' notice in law. So you may be able to argue it's an illegal eviction if the procedure has not been followed: s.5, PEA, 1977; SI 1988/ 2202.

About the lease/ tenancy, when did the tenancy start and when should it have terminated. Access to the both landlords contracts would be very helpful here. Do you have both lease/ tenancy contracts from both landlords? What type of tenancy do you have, is it an 'assured tenancy' as most new ones likely are. What are the terms (covenants) of the previous tenancy with your previous landlord, and what are the new terms with the new landlord. It is in general a breach of term ie not paying rent, to the landlord. However, a landlord must act reasonably - as you have the right (covenant) to enjoy your property in peace. These terms will be in the contract. What does it say about dogs in your previous landlord's contract? Alternatively, where you given permission by the landlord for the dogs to live there by the pervious landlord?

If you have mental health problems the land lord owes you duties under the Equality Act, to make reasonable adjustments. A reasonable adjustment in your situation for you in domestic abuse relationship would be time to pay the rent back by paying a little more every month etc.

You could also make a claim for compensation against the landlord for worsening your mental health problems. For this, it will depend on your evidence, ie 'my client suffers from PTSD and depression owing to (medical evidence).....'....not, my client tells me she suffers from mental health problems (not medical opinion).

Who do you have to go to court with you? If you have mental health problems, it would be more wiser to have someone representing you, ie someone who is confident, assertive, a person who has advocate experience like Citizen Advice Bureau or equivalent.

[Mishmashfire]

Re: Help please ASAP I'm in court Monday

Thank you so very much Di I truly appreciate your help I'm on my way to pick up a doctors letter ad just to let you know it is a possession order I'm facing 😓 Any help is truly amazing. I'll look forward to hearing back from yourself or Celestine

[Mishmashfire]

Re: Help please ASAP I'm in court Monday

Also just to note I only have a tenancy from the previous landlord and it was a verbal agreement to allow the dog as my ex did work for him to allow the dog and it was a standard contract it may have said no pets that's what my new landlord said but I have to check I'll come back to you

[Mishmashfire]

Re: Help please ASAP I'm in court Monday

Celestine thankyou so much for your response and thank your daughter too she was amazing I did return to the shop on three occasions to see her but she wasn't there and I saw her boyfriend twice. He may not have passed it on I'm not sure . Please call me on the number I left if I am late in any response and I'm struggling to sort everything out so I really would appreciate any help or advice you could give . It's [EDITED], Michelle xxx

[Openlaw15]

Re: Help please ASAP I'm in court Monday

Also just to note I only have a tenancy from the previous landlord and it was a verbal agreement to allow the dog as my ex did work for him to allow the dog and it was a standard contract it may have said no pets that's what my new landlord said but I have to check I'll come back to you

What work did your ex do for the landlord, and how does this relate to the dog staying? Are you saying the landlord made a promise to let the dog stay solely because your ex did some work to the landlord's property? You'll need proof - for instance, your could write a statement to this effect. You current landlord entered into a contract with pre-existing conditions. The new landlord should have dealt with this point when taking over the contract. Do you have proof of domestic abuse?