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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My Sister has fallen into rent arrears and has a repossession

Customer Question

My Sister has fallen into rent arrears and has a repossession order to vacate, she is in a hostel and knows nothing about this, could I take over the rental of the property and stop Eviction, I have had to fly in from new york
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has the possession order been made? If so what are the terms, it is outright or suspended?
Customer: replied 2 years ago.

I know it was in county court on 2/07, and no letters after that, so I think it was outright, I meant to say my sister is in a Hospice not hostel sorry, so knows nothing about this, I have seen letters from debt collection for the landlord, and 2 police officers arrived at the property yesterday looking for the landlords son, I would really like to help my sister as she has children here as well, maybe put an offer in to buy

Expert:  Ash replied 2 years ago.
If you pay all arrears and costs then yes the possession order will be satisfied. But I dont think you can take over the tenancy unless it is assigned. But if you pay off everything then yes the property can be kept.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

what if she has been told to leave 14 days from order?

Expert:  Ash replied 2 years ago.
Then unless she cancels all arrears and costs she must go. The warrant will only be based on arrears unless they are terminating the tenancy all together.
Does that help?
Alex
Customer: replied 2 years ago.

so if they are terminating the agreement, what happens then? and can they do this without giving a date?

Expert:  Ash replied 2 years ago.
Is this a social Landlord or private please?
Customer: replied 2 years ago.

its a private

Expert:  Ash replied 2 years ago.
Was she in a fixed agreed, if so when did that initial term end?
Customer: replied 2 years ago.

it ends in January 2016 and is assured shorthold

Expert:  Ash replied 2 years ago.
The Court has already given an order for possession? I assume the Landlord sent a Section 8 notice to quit?
Customer: replied 2 years ago.

from the paperwork I have seen, there is no actual dates to quit, just landlord taking her to court, and the a copy of her agreement was sent on 02/04, and was in court 02/06 so im presuming that was her 8 weeks

Expert:  Ash replied 2 years ago.
The Court has given outright possession, is that right?
Customer: replied 2 years ago.

I dont know, I presume so,as my sister didnt defend it on the 2/06 because she was in hospice

Expert:  Ash replied 2 years ago.
Ok. Does she accept she is in arrears?
Customer: replied 2 years ago.

we havnt told her, she has been poorly since February, but she is going to have to

Expert:  Ash replied 2 years ago.
I assume you accept there are arrears though?
Customer: replied 2 years ago.

yes she is in arrears, although I was told Friday, she couldnt afford to pay full arrears off its over 5k and she has 2 kids here

Expert:  Ash replied 2 years ago.
Its bad news I am afraid. If there has been a Court order and it is not complied with they can ask for a warrant. You can speak with the landlord and ask if arrears are paid off can the eviction be cancelled.
But on the basis there is a warrant and that is for the arrears, that may be enough to stop any eviction. However what you do have is a Court order for possession, this means she has to apply to Court to vary the order, so that it is suspended on payments.
If the Court refuses then you cant stop the eviction. In any event once the tenancy comes to an end in January 2016 you cant stop the Landlord serving notice to quit anyway. So I would suggest speaking with the landlord.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

So can I apply to court on her behalf to allow time to pay arrears off and stay in the property as long as rents are paid on time, given the circumstances? what paperwork do I need to fill in for this?

Expert:  Ash replied 2 years ago.
You can yes. Its form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Does that help?
Alex
Customer: replied 2 years ago.

can I fill this in online or do i need to print and take to the court? also can I have this dealt with straight away or does it take weeks?

Expert:  Ash replied 2 years ago.
You need to download it, print and take to Court.
It may take a week or two to get a hearing date.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex