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propertylawyer
propertylawyer, Solicitor
Category: Property Law
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Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I received an email from my landlord today stating the

Resolved Question:

Greetings, I received an email from my landlord today stating the following:
"Following the hearing yesterday, the Court made an Order for Possession of the premises in the landlord's favour. Accordingly, you are to vacate the premises on or before 13 September 2016. Please confirm that you are making arrangements to vacate the flat and advise me of the date when we can pick up the keys. With regard to the arrears, the Court made the following Orders:
1. you are to pay the arrears of £12,083.85;
2. you are to pay mesne profits for use and occupation of the Premises at the daily rate of £92.60 from 1 September 2016; and;
3. you are to pay fixed costs of £424.50
Please also confirm the arrangements you are making to clear the arrears set out above."
I live in central London in a private flat. I have not received any written notice whatsoever regarding any type of legal action until this email. Nor have I received anything from a Court. What should I do?
Thank you, *****
Submitted: 10 months ago.
Category: Property Law
Expert:  propertylawyer replied 10 months ago.

Hi

Thanks for your question.

Have you not received anything in relation to these proceedings? You should have been aware. Have you not received a claim form etc from the court?

Ask your landlord for the court details and case reference number, you can check with the court to ensure this is accurate.

Do you owe rent?

Customer: replied 10 months ago.
I owe rent as it says in the context of my question. What do I do if i don't want to engage with the landlord and I need the court details.
Expert:  propertylawyer replied 10 months ago.

It is difficult without the court details and case reference. Have you not received anything at all from the court? the only way to confirm is via the court. You can ring the local court. Search couttribunalfinder.service.gov.uk for the local court, get the number and call to confirm. Ask for a copy of the judgment.

Customer: replied 10 months ago.
Can you look at the judgement when I get it?
Expert:  propertylawyer replied 10 months ago.

Absolutely.

Customer: replied 10 months ago.
Is there a charge to get a copy of a court order?
Customer: replied 10 months ago.
Also, is it possible to get the court order online? I am on business at the minute in Ireland. Can I send someone to the Court to pick up a copy of the judgement?
Expert:  propertylawyer replied 10 months ago.

There should not be a charge as you are a party. The court should send this to you following the hearing but you can explain you are in Ireland.

You may be able to arrange for someone to collect a copy or for it to be faxed / emailed to you. They may not agree to email but you can always ask.

Customer: replied 10 months ago.
Greetings again, I had one of my friends to rummage through mail that was laying the flat mailboxes and he found the attached dated August 23. My friend also confirmed that I received nothing from the court. You will note that the letter is dated August 23 — inside an envelope that look so generic that one might easily throw it out. Have they acted properly? What can I do to delay possession and eviction? Thanks, Mark
Expert:  propertylawyer replied 10 months ago.

They have acted properly. There is very little you can do to postpone the eviction. Even settling the arrears may not be sufficient.

Customer: replied 10 months ago.
Aren't they meant to give at least 2 months? And what if I refuse to leave?
Expert:  propertylawyer replied 10 months ago.

No, the landlord asked for 14 days in the draft order. If you do not go then the landlord will need to get a bailiff warrant. That will buy you some time.

Customer: replied 10 months ago.
Ball park how long?
Customer: replied 10 months ago.
Ball park how much time?
Expert:  propertylawyer replied 10 months ago.

Difficult to answer that. Depends on the speed at which the landlord makes its application and the warrant issued.

Customer: replied 10 months ago.
What I am asking is very roughly
Expert:  propertylawyer replied 10 months ago.

I cannot answer that, sorry. It is like asking how long is a piece of string. If you do not vacate then the landlord needs a warrant. You can only be evicted by bailiffs with a valid warrant. It depends on if/ when the landlord applies for it, how long the court takes to process it. If the landlord bulbs it up to the high Court then it can be done quicker and without notice.

I can say that the envelope you sent a picture of is marked eversheds. They are a very reputable, large, international law firm. The landlord will, no doubt, be well advised of his options and time limits. If you do not go on or before 13.09 then do be prepared for an eviction shortly thereafter.

I hope I have been helpful.

Please can I kindly request that you accept /positive rate my assistance otherwise the website will not pay me for assisting you. Many thanks.

Do come back to me if you have any further questions or queries in relation to my replies.

Customer: replied 10 months ago.
Can you recommend a lawyer who can take this case on? I need one that takes no prisoners ...
Expert:  propertylawyer replied 10 months ago.

Unfortunately this is only a question and answer service and I am not permitted to make recommendations. Sorry.

Please remember to accept my reply otherwise I will not get paid for helping you.

Good luck.

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