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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Good morning sorry i have not done this before. I was taken

Resolved Question:

Good morning sorry i have not done this before. I was taken to court from my letting agents as my land lord wanted her house back . For them to get a warren of eviction. But whilst at court they then said I owed x amount of monies. The duty solicitor said to do a counter claim which I am in the process of, as I understand I can not get legal aid for. I have been in contact with the agents they r not very helpful so I contacted the solicitor. The solicitor told me the land lord is willing to waiver all monies owed if I don't do the counter claim . I have asked for headed paperwork dated and signed with all offer on it. Still waiting for the correct one as they kept making mistakes on it. But I am worried if I agree to this that the agents may take me to court after I hope I have explained it properly . Sharon ...
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question, my name isXXXXX can assist with this.

tdlawyer :

What type of possession proceedings are there, are they based on a s.8 notice, or a s.21 notice?

Customer:

s.21

Customer:

hello tony

tdlawyer :

Hello.

tdlawyer :

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.

tdlawyer :

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.

Customer:

ok I understand that

tdlawyer :

The landlord looks like they just want possession back, which they would get with a properly served s.21 notice.

Customer:

yes

tdlawyer :

Once you agree, then there can be no further court claim afterwards about these arrears.

tdlawyer :

You will have both compromised the monetary claims and will not be entitled to pursue them further -- either of you.

Customer:

so the letting agents can not take me to court after

tdlawyer :

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.

Customer:

oh ok that's good

tdlawyer :

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.

Customer:

thank u I did think about that lol

Customer:

how long does the eviction warrant take to be issued ??

tdlawyer :

From possession order to warrant of possession, you're looking at a few days in reality.

tdlawyer :

Maybe a week.

tdlawyer :

It's a very quick process once the date for giving up possession pursuant to the order has passed.

Customer:

ok so my counter claim had to be in by next Tuesday now I have to ask the court to cancel it

Customer:

then the land lords solicitor can file for eviction is that right ???

tdlawyer :

Yes, that's right.

Customer:

how soon can they file for it sorry I get confused lol

tdlawyer :

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.

Customer:

I cant do that or the local council will not rehouse me

tdlawyer :

Ah, of course.

tdlawyer :

Okay.

Customer:

but nice idea lol

tdlawyer :

I try :)

Customer:

lol

Customer:

so how soon can they file after Tuesday ???

tdlawyer :

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.

Customer:

ok

tdlawyer :

The Court is likely to make an order in a couple of weeks thereafter.

tdlawyer :

It's pretty rapid.

Customer:

woow ok

Customer:

better start packing then

Customer:

thank u for ur help

tdlawyer :

Sorry to say, but yes ....

Customer:

gotta look on the bright side of it new start and all that lol

tdlawyer :

That's very true indeed, a new journey :)

Customer:

exactly

Customer:

lol

tdlawyer :

Is there anything else I can assist with?

Customer:

no that's it thank u ever so much have a nice weekend xx

tdlawyer :

And you - thank you!

tdlawyer and other Property Law Specialists are ready to help you

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