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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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The mother of a child[11-12 years] was granted a non assured

Customer Question

The mother of a child[11-12 years] was granted a non assured tenancy by a Local Authority in early 2012. She was gravely ill & died late 2012. The mother of the deceased,the deceased's child & the deceased's partner[not the father of the child] are living in the property.The Local Authority has obtained a possession order.The family are due to be evicted on 9th May 2013.
What steps,if any, can be taken to postpone the eviction order?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I shall do my best to assist you but I need some further information first.
Why was the eviction order grated and who has the care of the child?
Claire
Customer: replied 3 years ago.

The Non Secure tenancy was granted on the 7th May 2012 to KB & her son JB who is now aged 12years[DoBis 10/12/2000]. KB lived at the address with her partner[MS],son[JB] &her own mother KK who was looking after KB because KB was seriously ill with cancer. Sadly KB ,aged 32, died of cancer in November 2012. After the daughter's death KK,the boy's grandmother, [JB] & MS, have remained at the address to date. No rent has been paid after that date,it appears.


The council obtained an order for possession against the grandmother[KK] , £16.93 per day for use and occupation since the 7th


January 2013 until possession is given to the claimant & costs.


 


The son[grandson] went to High School in September 2012 & it appears that he is stable & settled at school but is vulnerable due to his mothers death.His grandmother [KK] does not speak English.His mother's partner[MS]likewise does not speak english well.


 


It is important that the sonJB is able to remain at the school & that KK & MS are able to find him accomodation to enable him to continue at the school.


 


In these circumstances, the grandmother would ask the court to stay the eviction order for 28 days to enable KK & MS to find suitable accomodation to enable JB to continue at the same school.


 


 

Customer: replied 3 years ago.

I have provided the information required.I need an answer urgently
Thank you
Rock XXXXX

Expert:  Clare replied 3 years ago.
Hi
What is the immigration status of the parties; why was rent no paid and what efforts have been made to secure alternative accommodation?
Claire

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