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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 142
Experience:  Expert
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Basically we have a problem with our housing, Bristol U k,

Customer Question

Hi
JA: Hello. How can I help?
Customer: Basically we have a problem with our housing
JA: Where are you? It matters because laws vary by location.
Customer: Bristol U k
JA: What steps have you taken so far?
Customer: None because I have been sick fir the last 4/5 months And just recently diagnosed with tb and h pylori We were in arrears and our agency have started a ccj case against us And we have until 14th to leave The had previously tried to reposses the flat back in March but we had managed to pay of the arrears So the landlord said it was fine for us to say so long as we keep paying But I fell ill around the same time And the other reason we didn't leave the property back in March is because the agency have us a bad reference Which broke our chances of getting our new place And we lost our holding deposit I have tried to bargain with them to allow us more time as we find a place but they are adamant we leave otherwise the case wi go fourth and ofcourse put a blacklist on our names for future properties
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The other reason we haven't left was because I fell ill which ofcourse deemed unfit to work So we didn't have the money to leave or pay rent But on the 28th of August we had cleared our arrears
Submitted: 19 days ago.
Category: Law
Expert:  MARTINT330 replied 19 days ago.

Hello I am happy to help.

Expert:  MARTINT330 replied 19 days ago.

If you have rent arrears, your landlord will probably try and evict you. This is called 'seeking possession'.

If they want to seek possession, most landlords must follow a certain procedure. This involves giving you a written notice.

Getting a notice doesn’t always mean you'll have to leave your home by the date it says. In most cases your landlord still has to get a court order before they can evict you and they can’t apply for a court order until the notice period has run out. The court order is called a 'possession order'.

If you don’t leave by the date on the possession order, the landlord will need to get a 'warrant of eviction', allowing the bailiffs to come and evict you.

Expert:  MARTINT330 replied 19 days ago.

If you’re a private tenant with an assured shorthold tenancy, your landlord might have been granted a possession order without a court hearing. You’ll be told to leave the property no longer than 14 days after the order was granted, although it might be possible to ask for this date to be delayed under certain circumstances.

Expert:  MARTINT330 replied 19 days ago.

If there was a court hearing, your landlord might have been granted one of the following:

an outright possession order

a suspended possession order

a postponed possession order

Customer: replied 19 days ago.
Yea I just needed 2 weeks as we have to wait for referencing
Expert:  MARTINT330 replied 19 days ago.

Do you know what kind of order the court are considering or have mentioned previously?

Customer: replied 19 days ago.
It was a repossession
Expert:  MARTINT330 replied 19 days ago.

An outright possession order will say that you have to leave the property by a certain date. If you don’t leave by this date, your landlord will need to apply for a ‘warrant of eviction’.

It might be possible to persuade your landlord not to apply for the warrant of eviction. For example, your financial circumstances might have changed or your Housing Benefit or Universal Credit housing costs claim might have come through so you can pay the arrears.

Customer: replied 19 days ago.
The reason we couldn't leave back in March is because they gave us a bad reference
Expert:  MARTINT330 replied 19 days ago.

If your landlord was granted a suspended possession order, you’ll be allowed to stay in your home as long as you keep up the rent payments and pay back anything you owe. If you don’t stick to this arrangement, your landlord can apply for the court to issue a warrant of eviction.

Expert:  MARTINT330 replied 19 days ago.

A postponed possession order is similar to a suspended possession order. It means you’re allowed to stay in your home as long as you keep up the rent payments and pay back what you owe. If you don’t stick to this arrangement, your landlord can ask the court for permission to evict you. They’ll have to go through another procedure first though.

Customer: replied 19 days ago.
We have paid most of what we owed
Expert:  MARTINT330 replied 19 days ago.

Is there anything else I can help with this evening?

Customer: replied 19 days ago.
Only £200 left which I will clear by friday
Customer: replied 19 days ago.
Okay
Customer: replied 19 days ago.
Thanks anyways that was all
Expert:  MARTINT330 replied 19 days ago.

That’s good make sure you keep the evidence of this. Reference this in the court hearing. Also send the landlord a letter confirming your proposed payment plan for the remainder this will also serve as evidence that you are reasonable and therefore may receive a favourable judgement.

Expert:  MARTINT330 replied 19 days ago.

Glad I could help. Please do not hesitate to contact me in future.

Customer: replied 19 days ago.
OK thanks
Expert:  MARTINT330 replied 19 days ago.

No problem. I hope you get sorted.