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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?
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
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.
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?
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
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.
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.