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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have asked before and I am putting in a n244 form asking

Resolved Question:

I have asked before and I am putting in a n244 form asking for a suspend warrant has I have a crown tenancy that I was tacked to court in jan 13 for £1415.87 rent arrears but it was all legal costs their solictor then added on the rent 15 days up to 15 jan £885.30 which was right.
What I am not sure of they also added on to arrears the next two weeks rent 944.32 to 31/1/13 then also feb rent £1795.00.
This year I got a letter saying I have breach the order by not paying feb 13 rent (but is in order) then said march rent but that was paid in feb 13.
Can they do a order when rent is not over due and then give me a eviction date when their letters are wrong and they will not listen to me. Will the judge suspend a warrent so we can have a proper hearing for all the facts to come out.i have 2 special needs children that live with me that are my great niece s and my disable husband this house is just right. We spend a lot of money doing it up.i know crown tenacty have different laws but the agents said the highways agents have now replace the solicitors they have to act for them against us as they started before they were replaced.how do you think we stand.

Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can answer your question.

tdlawyer :

The Court considers whether to grant the order at the first hearing when the possession order is made. If the court has already made this (as I think it has from what's in your question), then it will not again consider whether it should have made the possession order. It will, however, consider whether it should suspend the warranty for possession based on factors like your children, and whether more time is needed to enable you to make provisions to move. It might also agree to suspend it if you can show that you can pay the arrears off.

Customer: if you read on the left you will see there are no arrears this is also the quedtion.what i need to know can they add on 6 weeks weeks in avance rent down as arrears.
tdlawyer :

The court, by granting the order though, has presumably concluded at the point of making that order, that there were arrears? Is that not correct?

Customer: yes they were told but i was have chemo trestment at the time so was not taking on board what was going on.the other side has lie several times and now i am able to check i can see it all.arrears are past rent not furture rent is this not right are do the courts work diff
tdlawyer :

Okay, this is my point, because once the court has decided, that's it. You can't go back on the judgment except by an appeal.

tdlawyer :

You can apply for the warrant to be suspended though, but realistically, you're going to have to make proposals to pay off the arrears in order to stand any chance of succeeding.

tdlawyer :

If there were arrears ... that is.

tdlawyer :

Past rent that is due is arrears. If you have arrears, then you need to propose how to pay them off.

tdlawyer :

Then the court might agree to stay the warrant of possession.

Customer: Has of today date we are 125.00 incr.
tdlawyer : That is the arrears, £125?
Customer: not we are in credit.
tdlawyer :

Okay, so what question can I specifically answer for you now?

Customer: as there is no arearrs outstanding and i paid their solictors cost what do i put down on the n244 so it makes a good case to stay here.
tdlawyer : If there are no arrears now then your application on n244 for suspension of the warrant simply needs to make that fact clear. Inform the court that there are no arrears and set out when the payments were made to pay off all monies that were due. Then simply ask he court to suspend the warrant.
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