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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My friend is in hospital for mental health problems and the

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My friend is in hospital for mental health problems and the landlord is applying for eviction , can she be evicted even though she is in hospital therefore she can not appear at court to defend herself?

Hi, thanks for your question.

-Is she in England or Wales

-What kind of tenancy does she have?

-What are the reasons for eviction and what stage has the landlord reached?

Customer: replied 1 year ago.
Hi , she is in England, she has an assured shorthold tenancy , last letter she has received was an order for possession by the county court and another from dcbltd saying the landlord intentions of taking it to the high court enforcement
Customer: replied 1 year ago.
she always worked but she got ill back in November 15 so she has for housing benefit and they are getting that , she had her daughter at that time but still she wasn't getting the full rent rent , so she was behind with 200 pounds a month but there is the deposit, so I guess she is not in much arrears , they say they want to sell the place
Customer: replied 1 year ago.
I'm just worried that the landlord can access to the house and she will loose all her stuff, everything in her house it's hers
Customer: replied 1 year ago.

Unfortunately, as it is an assured shorthold tenancy she has little chance of attempting to keep the property especially as a possession order has been granted. The landlord will now have the right to apply for a Notice of Eviction which states the date and time that the property must be handed back, and on this date and time the bailiff can force their way in to claim possession. She has the right to apply to suspend the notice, but as it is an AST it will only be for a small amount of time, but this will be difficult if she is in hospital.

Upon repossession the landlord cannot dispose of her property and must store these for a short time until arrangements are made by her. It will therefore be important to communicate with the landlord so that they are aware of her situation.

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