Is it a private rental property? Does the landlord have an order for possession of a warrant for possession? I need to know how far the process has gone. What grounds is the landlord relying on to get you out and what notice did he let you have, section 21 or section 8? Could you explain the situation that happened here in detail please?
Do you rent on a Assured Shorthold Tenancy? What is the form of the eviction notice? Are you able to attach a copy? Has the landlord given you any kind of notice? Has there been any court hearing? I need the situation in detail please.
This has clearly been going on for some time. Who applied for the order? The building society? It seems unlikely because of what you then go on to say.
You say that the claimants managed to get a charge on the property. That would not be the lender because they already have a charge on the property. Who were the claimants, the local authority?
This is a warrant which is the order for the bailiffs to come and physically throw you out. There must have been other hearings before this. Did you attend any of those? Have you asked whoever has the benefit of the charge, what the costs are?
Is the mortgage completely up-to-date? I do need the background detail from beginning to end please.
If the eviction goes ahead, have you contacted the Housing Department at the local authority because they are under a duty to house you if you have dependent children?
You need to contact the Housing Department at the local authority in case this eviction goes ahead because you need to make sure that your children have somewhere to live. That is a safety net.
It is most unusual for the local authority to evict someone from a private house if they have a charge over the property and I can’t think for one moment why they have done that all got the order if the tax has been paid. I can only think it’s because of outstanding legal costs.
You need to find out from the council or the council solicitors how much is still outstanding in respect of costs. You need them to confirm that the principal sum of the council tax has been paid. Until you have that you don’t know exactly how to word the N244
You then need to apply to court to set the warrant of 10 June aside. On the form you are applying for “An order that the Warrant dated 10th of June 2016 be set aside because the sum of £X has been paid to the Claimant on X date and the only monies outstanding to the Claimant are now Y which are in respect of xxx “.
It’s the “because” bit which is difficult because if the principal sum has been paid, it’s either because the costs are still outstanding or for some other reason which we don’t know about. It will be in all the paperwork that you’ve received from the council and the court.
If you get back to me after you spoken with the council legal department we may need to change the wording although you will need to fill the gaps in anyway.
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