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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Hello I have a possession hearing on Monday 28th October 2013

Customer Question

Hello I have a possession hearing on Monday 28th October 2013 at West London County Court. I am in rent arrears of £8086.92.

I have not been able to receive any advice thus far only that from my senior income caseworker who has informed my that the Housing Association will be going for re-possession and that I should get some legal advice and representation.

Can you please help!
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to the site. My name is Max and I will help you with your question.

Max Lowry :

What type of tenancy is this that you have? Is it rent, or mortgage?

JACUSTOMER-se27o7pw- :

It is rent

Max Lowry :

What type of tenancy?

Max Lowry :

Are you able to tell me the type of tenancy please? Is it an Assured Tenancy or Assured Shorthold Tenancy?

JACUSTOMER-se27o7pw- :

It is an assure tenancy

JACUSTOMER-se27o7pw- :

Sorry it is an assured tenancy

Max Lowry :

Okay. That's fine. And is this more then 2 month's rent arrears (I assume it is, but some people do have big places and high rents!)

JACUSTOMER-se27o7pw- :

Yes it is more than 2 months I have not paid since February 2013

Max Lowry :

Okay. I expect in all honesty the Court is likely to make a possession order at that hearing and force you leave the property. In fact, because it's 2 months or more, it is unlikely to have a choice about doing that.

Max Lowry :

Is there anything specific you would like to ask me about this?

JACUSTOMER-se27o7pw- :

Ok so what is my position than it any?

Max Lowry :

If you can't get the rent to under 2 months worth by the time of the hearing, the court is likely to require you to leave within say 14 days. If you do not, then a bailiff will come to the property and force you out.

Max Lowry :

The only way to avoid this is by not owing the rent.

JACUSTOMER-se27o7pw- :

Right I very much doubt that that will happen.

JACUSTOMER-se27o7pw- :

Will I be made homeless or will they have to re house me

Max Lowry :

If you go to the council now, they will find you somewhere on an emergency basis and re-home you.

Max Lowry :

You will need to take copies of the court proceedings with you - this is important.

Max Lowry :

If I have answered your question would you please rate the answer as highly as you can for me please.