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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I've just received an email from a solicitor today informing

Customer Question

I've just received an email from a solicitor today informing me that a High Court Enforcement Officer has been appointed today to evict me and my family. The notice is not in my name though. I'm panicking now. I'm wondering how much time do I have to act?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thanks for requesting me but housing matters are not really my area.
I will pass it onto our housing specialist for you.
Customer: replied 1 year ago.

OK thanks

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you rent / mortgage? What was the reason for possession order?
Customer: replied 1 year ago.

I live in the property with my wife and three children. It was given to me by my employer as accommodation, which is part of my remuneration package. My employer rented the property through an agency.

Expert:  Ash replied 1 year ago.
Ok - was there an order for possession? Did you get notice of that?
Is the employer behind on the mortgage or you late with rent?
Customer: replied 1 year ago.

I've just received the copy of the order for possession (by email today) issued on the 14th of April 2015 addressing my employer as the defendant. The employer is ordered to vacate the property by 21 April, which was yesterday. The email also says that a High Court Enforcement Officer has been appointed today as the property has not been vacated.

Customer: replied 1 year ago.

The employer was responsible for paying the rent.

Customer: replied 1 year ago.

I didn't know about the possession order before today.

Expert:  Ash replied 1 year ago.
Ok. What you need to do is apply to stay the eviction. As a tenant you can ask the Court to stay it for 2 months.
However you wont get longer than that. But you need to apply asap for the eviction to be stayed, if you do not you WILL be required to leave. You need to complete form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n0244-eng.pdf
The Court will list the application for hearing and decide whether to give a stay. But you need to look for someone else to live as your tenancy is at an end.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Please let me know your number.
Customer: replied 1 year ago.

0116(###) ###-####/p>

Expert:  Ash replied 1 year ago.
Calling now.
Customer: replied 1 year ago.

I went to the court this morning to make an application to delay eviction. The court clerk told me that I couldn't make the application as there was no eviction date yet!! They can't delay the eviction on just an Order for Possession. Please comment.

Expert:  Ash replied 1 year ago.
You can make an application to stay. You dont just want them turning up.
Speak to the Sols and ask if they have instructed High Court yet.
Alex
Customer: replied 1 year ago.

Yes I did make an application yesterday. The court clerk advised me that I would receive a letter from the court about the judge's decision in about a week. I'm not sure what will happen now. Please advise what should I do in the meantime?

Expert:  Ash replied 1 year ago.
There is nothing else you can or need to do at this stage. You are waiting to see what the Judge says.
Alex
Customer: replied 1 year ago.

I've been told by a couple of people (legally trained but not solicitors) that since my family and I are not the tenants (the tenancy is in my employer's name), we are not a party to this matter, and therefore the judge has no option but to refuse my application. Is that correct?

Expert:  Ash replied 1 year ago.
You can only get it extended by 2 months, that is it. He can't grant it for any longer.
Alex
Customer: replied 1 year ago.

Made the application last week. The hearing was this morning. The landlord didn't follow the correct procedure so the judge dismissed the case. What does this mean for us?

Expert:  Ash replied 1 year ago.
It's over. You have won.
Alex

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