Ask an Property Solicitor. Get an Answer ASAP.
Hello, thanks for your question, my name isXXXXX can assist with this.
What type of possession proceedings are there, are they based on a s.8 notice, or a s.21 notice?
Okay, then there is no defence in the s.21 proceedings for possession, so long as the norice has been properly served etc. on you. The fact you have a counterclaim will not prevent them from getting possession.
The decision for you then is whether you want to abandon the counterclaim and them waive their monetary claim or continue to fight about the financial side.
ok I understand that
The landlord looks like they just want possession back, which they would get with a properly served s.21 notice.
Once you agree, then there can be no further court claim afterwards about these arrears.
You will have both compromised the monetary claims and will not be entitled to pursue them further -- either of you.
so the letting agents can not take me to court after
Nope, they would not be entitled to sue you for the arrears owed to the landlord. The letting agent is purely an agent for the landlord.
oh ok that's good
If you want comfort about that, get them to agree to the same as the landlord. There is no reason they would not anyway but it would give you some comfort.
thank u I did think about that lol
how long does the eviction warrant take to be issued ??
From possession order to warrant of possession, you're looking at a few days in reality.
Maybe a week.
It's a very quick process once the date for giving up possession pursuant to the order has passed.
ok so my counter claim had to be in by next Tuesday now I have to ask the court to cancel it
then the land lords solicitor can file for eviction is that right ???
Yes, that's right.
how soon can they file for it sorry I get confused lol
You could probably agree to get the landlord to make a small payment to you, and write off the rent, if you were to walk out of the property voluntarily.
I cant do that or the local council will not rehouse me
Ah, of course.
but nice idea lol
I try :)
so how soon can they file after Tuesday ???
In that case, it's simply about agreeing that you both waive monetary claims against each other in return for you dropping the counterclaim, and they then agree to discontinue that part of their claim.
The Court is likely to make an order in a couple of weeks thereafter.
It's pretty rapid.
better start packing then
thank u for ur help
Sorry to say, but yes ....
gotta look on the bright side of it new start and all that lol
That's very true indeed, a new journey :)
Is there anything else I can assist with?
no that's it thank u ever so much have a nice weekend xx
And you - thank you!