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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am completing form N11b - asking time after receiving an

Customer Question

I am completing form N11b - asking for more time after receiving an accelerated claim for possession of property form. I have a number of documents to attach to Form N11 by way of evidence of medical issues and to back up claims of an earlier hearing in which an injunction was made against the Landlord for harrassment. What I need to know please, is, is it allowed to attach copies of a former claim to the court (eg the application for injunction and all the evidence that went with that)? Or am I better just stating this happened in my further information and referring to the Court case number ***** the Injunction hearing? I wouldn't want my defence form to be overlooked because I has submitted evidence that wasn't allowable. I also wish to attach a copy of the Injunction Order - is that allowable please?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

I'm sorry, I didn't meant to respond to this.

I will opt out for others.

Expert:  Ash replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

Why do you want to claim for possession if you want to include evidence for an injunction?
Alex

Customer: replied 8 months ago.
Hello. My Landlord has made the Claim for possession. I am completing the N11b form asking for more time. Part of my reason for asking for more time is I was unwell after being illegally evicted and then being allowed back in the property. After being threatened with being locked out again I applied for an injunction against the Landlord for the right to quiet enjoyment, plus landlord accepted I had an assured shorthold tenancy and issued a section 21. The stress of the second threat to lock me out made me ill again and my Section 21 notice has now run out, so I am needing to ask for more time to find somewhere to live and wish to use the Injunction claim form as evidence for why I became unwell.
Expert:  Ash replied 8 months ago.

OK - then you just need to attach the documents together in the form of a witness statement.
The Court will then set the matter down for a hearing and decide whether go give possession.

That will take about a month. Even if the Court orders possession it will give you a further 28 days to move out.

If you do not then the Landlord has to apply for a warrant of eviction. This will take a further month.

So overall you have about 3 months to move out.

Can I clarify anything for you about this today please?
Alex

Customer: replied 8 months ago.
Thank you. I have completed the "Additional Information" page on Form N11B as a kind of witness statement and listed the documents I am attaching. Is that ok? Also I didn't know if it was allowed to use a Court Application form from a previous hearing, as evidence - is that allowed?
Expert:  Ash replied 8 months ago.

Yes you can use the previous Court order if you want about the injunction.

Does that clarify? Alex

Customer: replied 8 months ago.
Thank you. So it's ok to use the previous Court order, but is it ok to use the Application for that court order (which has all the other evidence attached to it?)
Expert:  Ash replied 8 months ago.

Yes.

Does that clarify? Alex

Customer: replied 8 months ago.
Thanks. Nearly clarifies! So it's ok to attach the former Court order, but is it ok to attach the actual Application for the Injunction form I submitted previously, as evidence?
Expert:  Ash replied 8 months ago.

Yes as I have previously said.

Does that clarify? Alex

Customer: replied 8 months ago.
Thank you. Yes that's fine. Much appreciated and best wishes.
Expert:  Ash replied 8 months 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

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 8 months ago.
I have rated. Thank you for your help.
Expert:  Ash replied 8 months ago.

Thanks. Alex

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