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.
May I confirm if you are a shorthold tenancy tenant or a council tenant please?
I have not signed any agreement since i moved in 2006
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?
It was a shorthold
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
Thanks. Has the landlord previous served a s8 or s21 notice on you?
i have a claim form for possesion from the court and now have a warrant for possession
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?
no i have nothing like that
i only want to stay for another 10 days
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?
Were you notified of any hearing by the court?
i have no idea, he didnt tell me he was making the application or give me any details of what i owe
i found out about being evicted when he came to the door drunk demanding i made full payment the next day
i wasnt told anything about the hearing for the warrant for possession
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.
how do i do that
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.
the eviction is taking place at 2.30 today
You can apply using form N244 (link below) and there is a fee of £50
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
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
Is there anything above I can clarify for you?
no you have been very helpful
A pleasure. Good luck with your application.
thank you so much
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