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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 15
Experience:  Moderator
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I had apparently become a tolerated trespasser some years back.

Customer Question

I had apparently become a tolerated trespasser some years back. Now my LA landlord is asking the court for permission without notice to issue a warrant of possession CPR 83.2(3)(a) as they claim I have breached an order made in 2007.
In their evidence, received 3/5/16, they say that I'm still able to avail myself of the remedies available under either Sch 11 or under s85(2)-(4)
The case is on Friday 13 May 2016.
I have searched in vain over the Internet what these remedies are and how to make the application.
I could do with some urgent help, please.
Thanks
FE
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.For now please let me know whether you have filed a defence?Alex
Customer: replied 9 months ago.
Hello AlexI have not filed a defence. I first want to know the remedies available to me under Sch 11 and s85(2)-(4) HA 1985Freddie
Expert:  Ash replied 9 months ago.
The Court can stay, suspend or postpone possession.Therefore the Court will have the power to stay (hold) or postpone to a later date any possession order. There is no time limit on how long the Court can stay or postpone possession.So this is what you should be asking the Court to do. The Section says:(1)Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.(2)On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—(a)stay or suspend the execution of the order, or(b)postpone the date of possession,for such period or periods as the court thinks fit. Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
With respect, Alex, I've read all this already. My question is specifically about remedies under Sch 11 and s85
Customer: replied 9 months ago.
So what are the remedies and how do I avail myself of them?
Customer: replied 9 months ago.
I'm not happy with the reply. Are you going to answer my question?
Expert:  Ash replied 9 months ago.
Sorry I was just in Court. Your remedy is to ask the Judge to postpone or stay possession.That is your remedy as defined in the Act.So NOT to make an order for possession. That is your remedyDoes that clarify?Alex
Customer: replied 9 months ago.
NO IT DOES NOT! Alex, I'm not sure you understand my case, accordingly please put my question to other lawyers as is my right to request under the terms and conditions of this service.
Thanks
Expert:  Nicola-mod replied 9 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
Hi Nicola
My case is on Friday morning so I was hoping to get an answer today. However I will continue to wait until midday tomorrow.
Thanks
Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 9 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 9 months ago.
Hello
As you have not been able to answer my question and my case has now been heard, I would like an immediate full refund of the money I paid.
Thank you

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