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Ash
Ash, Solicitor
Category: Family Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am due to be evicted from my house on Tuesday I have

Customer Question

Hi I am due to be evicted from my house on Tuesday I have previously had a postponement of this to go into hospital I have not asked for another delay and given medical proof it could effect recovery and surgery they have refused saying the will pack move and store my stuff. Myself and kids have nowhere to go Tuesday at all as this is a temporary homeless accommodation. I also thought it's illegal to evict a child under the child safety act? I have ask for four more weeks to move and secure a property and recover myself as they are charging me causing more debt. Is there anything I can do legally to prevent this or in future will I have a case to sue as they went against medical advice?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Are you renting, or is it a mortgage debt please?
Alex

Customer: replied 1 year ago.
It's renting a temporary homeless accommodation in full receipt of housing benifit now
Expert:  Ash replied 1 year ago.

Was this provided by the Council?
How much are the arrears?

Customer: replied 1 year ago.
It was. The arrears are nearly 40,000 as I had another couple staying to which council where aware of they have offered to pay there half but o have been hit with the lot. When decree was granted its only a maximum of 5000 at the court they can take you for
Expert:  Ash replied 1 year ago.

You can apply to suspend the Order for eviction.

You need to do this on form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

There may be a Court fee payable, or you may be entitled to fee remission.

The Court will list the matter down urgently and decide whether to postpone or suspend the eviction.

But to be clear the Court can order eviction even if you have children. If it was Council property and the Council consider you have been made intentionally homeless by not paying rent, then there is no duty to provide housing.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Am I able to do that in Scotland?
Expert:  Ash replied 1 year ago.

I did realise you were in Scotland, but yes, its a different form, but you can apply to suspend a warrant to be evicted.

Can I clarify anything for you?
Alex

Customer: replied 1 year ago.
No that's great thank you
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Expert:  Ash replied 1 year ago.

You need to ask the Court for an application notice.

its a different form, thats all

does that clarify? Alex

Customer: replied 1 year ago.
They say there ain't one I have done a minute of recall can I do another?
Expert:  Ash replied 1 year ago.

You can make an application to Court, there should be a form you need to fill out.

People make applications all the time in Court proceedings.

If there is not a form, just make a written application

Does that clarify? Alex

Customer: replied 1 year ago.
Will it get looked at today to prevent eviction tomorrow?
Expert:  Ash replied 1 year ago.

You maybe should go to Court, take the letter and ask to see a Judge.

That way you know it will get dealt with.

Can I clarify anything else for you? Alex

Customer: replied 1 year ago.
No that's great
Expert:  Ash replied 1 year ago.

Thanks. Please do remember to rate my answer before you go, otherwise the site does not pay me for the time spent with you over the weekend. Thanks in advance and all the best. Alex