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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am facing eviction tomorrow. I did not receive a Notice

Resolved Question:

I am facing eviction tomorrow. I did not receive a Notice of Appointment (with Bailiff). The Claiment's sol gave me a photocopy of said notice. It has not been signed or dated either. I am 44 years old registered disabled and with learning difficulties. I am on HB, which, for some reason, stopped paying it, they eventually paid the arrears in full the day after the first hearing, I appealed and on Fiday my appeal was dismissed. The judge said his hands were tied. According to the case FITZPATRICK V, STERLING HA (e13.2) ccr oRDER 13R3 - gives a court c0mlete discretion. Please help me. My friend has written this for me.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.How much are you in arrears by? When did HB stop paying?
Customer: replied 1 year ago.
HB is paid in full until 16th May and is currently running, there are no arrears outstanding. The arrears were paid in full on 17 March.
Customer: replied 1 year ago.
There are no rent arrears outstanding now.
Customer: replied 1 year ago.
The council stopped paying 19 Ooctober 2015 for three months. The council erroneously thought that another person was living with me. I sent them the necessary documents three times to prove that this was not the case, and they lost them three times. I later received the necessary documents from them to present them to the court. Please help me.
Expert:  Ash replied 1 year ago.
How much is owing in terms of costs etc?
Customer: replied 1 year ago.
The costs are £470.00
Expert:  Ash replied 1 year ago.
Ok - you need to apply to stay the eviction. You can do this on form N244:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdfIf you can get to Court today to make the application that would be better, otherwise you need to do it first thing tomorrow.You can defend it on the basis you can pay off the costs over time.I would not think a Judge would evict you for less than £500 when you had cleared the arrears.You can make an offer to pay at say £3.30 a week.But make the application, it will go before a Judge.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Done and failed, that was the second appeal. The Judge had the evidence that the arrears were paid in full. The court costs were never an issue. This case happened last Friday and the Bailiffs are arriving tomorrow. What I am asking is: what more can I do now? Or do I appeal again? What about the unsigned Bailiff notice?
Expert:  Ash replied 1 year ago.
Sadly not. If you pay the costs the eviction will be called off.If not you can try and set aside again but its much harderBut if you can pay off costs then the case ends and you get to stay.Does that clarify?Alex
Customer: replied 1 year ago.
No, sorry it doesn't clarify things only causes more confusion, Are you saying that if the court costs are paid, the notice for eviction will be overturned and the bailiffs will have no right to evict me? The judge did not mention court costs.
Expert:  Ash replied 1 year ago.
Correct. If the original claim was brought on the case of rent arrears, if you pay all arrears and costs then the case is settled.Does that clarify? Alex
Customer: replied 1 year ago.
If I pay the court costs, you say the claim is settled, does that mean I can re-apply for a stay of eviction even though the landlady got an eviction order on the grounds of non-payment of rent arrears, because she just wants the flat back to do up, according to her sol. The original order was for rent arrears and not a general mandate.
Expert:  Ash replied 1 year ago.
Just to be clear the grounds of possession are what?Did you get a Section 8 or Section 21 notice?
Customer: replied 1 year ago.
Rent arrears, it was a Section 8 and not a Section 21 notice.
Expert:  Ash replied 1 year ago.
Ok. Then yes if you pay the arrears and costs the eviction will be ended.If you had a S.21 notice there would be nothing a Court could do.Can I clarify anything else?Alex
Customer: replied 1 year ago.
Even though the Appeal Judge ordered the eviction to be carried out tomorrow. Did the judge get it wrong? So do I need to fill in another N244 form?
Expert:  Ash replied 1 year ago.
You need to pay costs, then you can apply using form N244Then it will be ended.Does that clarify?Ale
Customer: replied 1 year ago.
So just to clarify, I need to re-appeal because the eviction order was wrongly given under the wrong section, then another court date will be set?
Expert:  Ash replied 1 year ago.
No. You need to pay the Court costs as ordered. Then you can apply to stay the eviction.But you can only do that once you have paid costs.This is because you had a S,8 notice based on rent arrears.Once those arrears and costs have been cleared the order comes to an end.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thank you very much Alex. Just one more question, what do I tell the bailiffs when they arrive?
Expert:  Ash replied 1 year ago.
Well you need to make an application at 9am tomorrow or this evening.If you havent made the application and they turn up, they can execute the warrant.Does that clarify?Alex
Customer: replied 1 year ago.
Yes, and once again thank you. Good evening.
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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