Some advice regarding court

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    Some advice regarding court

    Hey all I know im not a landlord but the council are not willing to help untill last moment so its stressing me out. And my caseworkers left which has made things more worse

    However

    I got my court letter saying that I have to give the property back on or before 17th june however it says on the 24th june I got a hearing for extenstion and that. Why is the hearing after the procession date as I would of throught it be hearing first then procession

    Thanks

    I fell out the defensed form as I look after my younger brother as mum died and needed more time as I cant find anywhere with dss in my area and its so hard

    #2
    You need a new caseworker urgently. Ask social services to assign someone to you as soon as possible.

    Comment


      #3
      I have but shes left and its screwed me up was ment to get a extension of time as im vanuable and have medical problems but im being told to get out on 17th june and my court hearing is 24th june

      Comment


        #4
        Is that normal to have to give procession before a hearing date

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          #5
          Is this the first letter you have had from the court giving you a date to leave? If so, don't panic as the Bailiffs still need to be instructed. The Bailiffs can only be instructed if you do not leave on the date the court set.

          Ring the Court on Monday and find out the exact situation. When you have exact situation, ie, if this is the date for Bailiffs to attend or not, then come back and update the thread. We will give you further information.

          BTW - is your rent up to date? Whatever you do, keep paying any rent that is due.

          Comment


            #6
            Yes all rent is up to date and paid. It says on the letter 1) the defedant to give procession of the property on or before 17th june

            3) the case has a hearing on 24th june for extension of time and costs

            Why is the hearing for extension of time and costs after the procession date

            Comment


              #7
              I'm 99% certain this is the Court Order telling you to leave. Your local Council will tell you to stay put as the Bailiffs haven't been instructed. This will take a few weeks yet, enough time for you to attend the hearing on 24th June. Which area of the Country are you in?

              If you are vunerable, you can ask the Judge to give you an extension upto 42days before having to leave the property.

              Where you served with an S21?

              Comment


                #8
                It is perfectly normal to have a hearing after the possession date.

                It is most likely that the landlord has requested a hearing because you have asked for an extension. He will need to convince the judge that it will cause him hardship if you continue to live in the property until the date you have requested.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

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                  #9
                  I think I prove im in hardship ive got no where to go and while his got his shop and other house which he lives in and has the rent being be paid and his own business

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                    #10
                    Originally posted by Chrisw030290 View Post
                    I think I prove im in hardship ive got no where to go
                    That isn't hardship in itself.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Originally posted by thesaint View Post
                      That isn't hardship in itself.
                      Yes it is, but that is not the point.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        #12
                        Im also on benerfits however my flat mate got a court letter as two different tennancies. My mates tennancy has not been given a date reason being the landlord sent to the court his first tennancy not the secound recent one so I dont know what happens there

                        Comment


                          #13
                          It's not in itself sufficient hardship to guarantee a delay (judges are liable to make random decisions).

                          The question is whether this is any less likely to be the case in 42 days than 14.
                          There's no chance of an extension beyond 42 days.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Originally posted by Chrisw030290 View Post
                            Im also on benerfits however my flat mate got a court letter as two different tennancies. My mates tennancy has not been given a date reason being the landlord sent to the court his first tennancy not the secound recent one so I dont know what happens there
                            If they're two separate tenancies, the landlord is currently evicting you, not your flatmate.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              His envicting us both however my flat.mates new tennancy was signed on july 2014. However the landlord told the court that his using his old tennancy signed feb 2012. Does this make the section 21 notice issued invaild as it was to the wrong tennancy

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