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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a warrant of possession that is taking place at 2.30

Resolved Question:

I have a warrant of possession that is taking place at 2.30 today, can i stop it.
I wasnt given 14 days notice before the landlord made the application
I wasnt given details of the arrears
I wasnt told my rights
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I confirm if you are a shorthold tenancy tenant or a council tenant please?

Customer:

I have not signed any agreement since i moved in 2006

Joshua :

Thanks. Do you rent from a private landlord as opposed to the council? Has the landlord previous served a s8 or s21 notice on you?

Customer:

It was a shorthold

Customer:

its a private landlord, i became ill and got in to arrears , i agrred to pay £300 a week then my partner left me so i couldnt pay i told the landlord that i was applying for housing benifit

Joshua :

Thanks. Has the landlord previous served a s8 or s21 notice on you?

Customer:

i have a claim form for possesion from the court and now have a warrant for possession

Joshua :

Thanks. Before the landlord issued a claim however he should have served either a s21 or a s8 notice telling you he wanted you to leave. Did he do this?

Customer:

no i have nothing like that

Customer:

i only want to stay for another 10 days

Joshua :

Thanks. Finally do you know if proceedings were issue for accelerated possession or standard possession? How many weeks in arrears were you roughly at the time the order for possession was made?

Joshua :

Were you notified of any hearing by the court?

Customer:

i have no idea, he didnt tell me he was making the application or give me any details of what i owe

Customer:

i found out about being evicted when he came to the door drunk demanding i made full payment the next day

Customer:

i wasnt told anything about the hearing for the warrant for possession

Joshua :

Thanks. You can make an application for a stay of possession on the basis you were not given either a s21 or s8 notice by the landlord prior to his application for possession, you were not notified of any hearing or the application for possession prior to receiving the warrant for possession and that you have not been given any breakdown of any arrears you owe and if applicable there are disrepair issues with the property that the landlord has not addressed listing the disrepair issues.

Customer:

how do i do that

Joshua :

You can also apply for a stay of possession on the grounds of extreme hardship if you are ill or if there are children involved for up to 6 weeks.

Customer:

the eviction is taking place at 2.30 today

Joshua :

You can apply using form N244 (link below) and there is a fee of £50

Joshua :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Joshua :

You will need in the circumstances to physically take the application form to the court immediately and explain the position to the listings officer and ask for urgent court time this morning for a judge to hear our application explaining that you have not been notified prior to now of the warrant

Joshua :

The court will in such circumstances normally give you an urgent appearance before a judge who will listen to your application and if he finds in your favour will suspend the possession warrant

Joshua :

Is there anything above I can clarify for you?

Customer:

no you have been very helpful

Joshua :

A pleasure. Good luck with your application.

Customer:

thank you so much

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

no problem

Joshua :

Many thnka

Joshua :

Many thanks.

Joshua and other Law Specialists are ready to help you

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