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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1754
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We are being evicted. Received a Section 21 just over two

Customer Question

Hello. We are being evicted. Received a Section 21 just over two months ago and have not yet been able to move, mainly due to some fairly serious health issues. I asked Landlord for more time but he said no. We have now received a copy of a claim for possession. If I don't respond within 14 days, how long is it likely to be before a court order for possession is made please, and how long are we given to move once the order is made before Bailiffs are instructed. It would really help me to be able to try and juggle things and make contingency plans for housing if I had an idea of how long we can reasonably have now. I know there is an option to defend/ask for a longer period. I don't really want to do this and cause protracted issues, so an idea of timescale would really help. I have always paid the rent - been here over 8 years, so no issues there. Thank you.
Submitted: 5 months ago.
Category: Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. Firstly, if you do not leave then the only legal option the landlord has is to continue with the possession claim to court. Once the possession order is granted, this gives a date by which you need to give possession of the property back to the landlord - the notice from the court should state when the possession hearing is.

However, even then for the landlord to actually take possession, in the event that you cannot move out, he must apply to court for a Notice of Eviction. This gives a date by which you must move out or a bailiff will attend the property to repossess.

Once you receive the Notice of Eviction you can take this to your local authority housing office and apply as a homeless person for assistance.

The usual time frame for the landlord's proceedings would be in the region of 1-4 months.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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