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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My Landlord served section 21, we had court day and ws

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My Landlord served section 21, we had court day and ws granted time… but now my mental health has taken serious downturn
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: England, near Preston
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I was only coupl months in arrears… then I cleared depth but she still took me to court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am thinking, can I put him accountable for me not being able to work.. coz I had to take time off in March when ws the court day. And now it’s the stress of moving… and I’m not able to get done by date. also Not any spare moneys to pay rent in both propertiesCustomer: Chat is completed

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I'm sorry to read of the above. May I clarify if the court ordered possession  or not please? You say that you were granted time - does that infer that a possession order was granted but you were given additional time before it took effect please?

Customer: replied 19 days ago.
No, it was not granted, as I ws not able to find another place. And I’m working part time and single parent: two children ages 4 and 9yr
Customer: replied 19 days ago.
I’d like a phone call, but don’t have any spare funds at moment

thank you. So what exactly did the court order. If you are able to be as precise as possible if you happen to have a copy of the order that was made available to upload it would be helpful

Customer: replied 19 days ago.
I don’t have it handy… I am worse at organising due to mental health has deteriorated. And this had effect on my day to day abilities, my doctor can only prescribe meds and Therapy, but how can I have extra time for moving without it costing me too much extra… or even claim compensation for Baliffs letter and court case. It was threatful… trauma is still haunting me this time

if you can tell me in your own words as precisely as possible what the court ordered I should be grateful as I will be limited in what I can say without a precise understanding of what was ordered.

Customer: replied 19 days ago.
the Case ws taken to court in urgent basis, on 3rd of March., bailiffs we’re due 4th…!!!
I had to take time off work, to chase a Solicitor, who would help me out.
As It ws beginning of year, my health is bad in winter anyway.. so this added huge load on top of everything else.
So at court, Judge overruled the bailiffs and asked for further evidence on my arrears.. I managed to clear those by end of March.
And now I have found new place, but as ….
Well taken into consideration I have survived the Domestic abuse relationship— that ws the move in first place. At November 2019.
I know it’s not Landlord fault, but can this be considered and Not used to put me under more pressure on moving.
It ws all going fine, til two days before moving day, my youngest got I’ll with stomach bug— that meant sleepless nights, extra loads of laundry, then I could not continue the move that week….

thank you. So from what you say, did you apply to set aside the possession order was previously obtained and this application was granted? If that is correct, does the landlord now have to apply for a new possession order based on your understanding?

Customer: replied 19 days ago.
I don’t know if this makes sense…. ??
So, what I m trying to ask is, if there is way to ask Landlord to be more considered… I meant to be out by now, but Things haven’t gone by plan.
Now he says I owe another month rent…. I don’t have any money available, I’m on Universal credit and also monthly food checks from Council
So, WHAT. is my Options??

it is difficult for me to be precise as regards ***** ***** you have without a clear understanding of what is taken place in court. Although I'm very grateful for the explanations you have attempted to give, I remain unclear as regards ***** ***** nature of the proceedings you brought and the status of the possession claim the landlord brought. I would therefore be reluctant to address this component as without a clear understanding of precisely the status, what I may say in this respect would be based on guesswork and as a result, may be wholly inaccurate and appropriate for you.

Generally, if the possession order has been suspended, then providing you comply with the conditions associated with that suspension, then the landlord cannot reinstitute proceedings for possession on the same grounds that is not to say that they could potentially do so on other grounds.

If the possession order has been set aside, then it would be open to the landlord to bring fresh possession proceedings.

In terms of whether you can ask the landlord to be more accommodating, whilst of course you can make the request, there is no legal requirement of such for the landlord to accommodate your requests though depending upon the grounds on which the possession claim was originally brought, it may be possible for you to ask the court to make an order as regards ***** ***** the arrears by instalment

Customer: replied 19 days ago.
Yess, that is little bit helpful.
But as in Causing unnecessary stress, and I had to take time off work…?
Can this be addressed…. I wasn’t going to move before 2 years, but this has pushed me to get other smaller property which is further away from school,
and on top of it, FUEL prices!!!
so Because of this I’m in bad state— No sleep, can’t even complete normal daily tasks .. It’s is worse that normal life !,!??!

This very much depends on what the landlord has done. If he has brought possession proceedings legitimately you cannot claim damages for his exercising his legal rights in this regard. Conversely if he has engaged in unlawful actions to try to encourage you out of the property without due process in court then this could be an offence under the Protection From Eviction Act for which damages can be claimed.

Customer: replied 19 days ago.
This is wayy too complicated
So all I can do is see if I can pay rest on instalments … but I have to pay, even as I didn’t want to take that long…. ?
I wish reality would work as simply as Law stands!?!!

there are government proposals to increase tenant rights and simplify the eviction process generally which I believe have been published today as it happens. However, this does not assist things as they currently stand unfortunately

I hope the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 18 days ago.
Thank you Joshua, it is good to get specialist advice .. rather than “Google”
It’s not the answer I ws hoping, but at least I know, what’s the situation
Have a great day
I'm glad the above answers all your questions for now though I am sorry not entirely as you would have hoped.  If you have any follow up questions please reply back to me.

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