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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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Is a court order stating that you must leave a property by

Customer Question

Is a court order stating that you must leave a property by a given date tantamount to an eviction notice
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

My Daughter has received a court order from her landlady ( the property owner) to leave her flat by the 30th April, due to unpaid rent. Although this is dispute as rent was fully paid to the 26th of February 2014 but the landlady entered the property in early January ,without notice, moved all my daughter's furniture into her bedroom and proceed to start decorating the flat, my daughter claims that as she was not able to use the flat she would stay on a further month to make up for the time the flat was uninhabitable. the water was also turned off from the road. The landlady is now also seeking over £1850 in unpaid rent.

Expert:  Jo C. replied 2 years ago.
Thanks

Sorry for the delay.

If this genuinely is a court order rather than just a S21 notice then it does indeed amount to an eviction notice.

I'm afraid that if she does not go on that date she is at risk of being escorted out by bailiffs.

I do appreciate your point about the dispute but if there is a court order then that all falls away.

Obviously this only applies if a court order has been received. I'm not sure why she would be suing separately for unpaid rent when she could have just got a compensation order from the court that issued a possession order? In any event, if she is then you can defend that on the basis that the rent was paid if indeed it was.

Can I clarify anything for you?

Jo

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