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Naveed Khan
Naveed Khan,
Category: UK Law
Satisfied Customers: 41
Experience:  Attorney - Freelancer at ELANCE
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To whom it may concern / Madam i am writing to you because i

Customer Question

To whom it may concern
Dear Sir/ Madam
i am writing to you because i have had a possession order for my flat, which i would like to suspend/ delay please.
in brief the situation is as follows:
i lost my job last June 2015 and was actively seeking full time employment, while doing freelance jobs to survive (i am now fully employed and on a permanent contract).
i used my savings to pay for my rent and bills and it was tricky and sticky, when those run out, i was paying my rent in parts, due to my freelance jobs and because i did not want to run through massive arrears.
my landlady has known the story, but always changing her mind; initially, she did not want to renew the tenancy agreement, then after my letter and pointing out her inconsistencies, she decided on a six month renewal, then she changed her mind to three months, then she wrote to me that she wanted me to leave, because she had found a tenant (that was untrue), then she told me that she did not want to take things further, then she returned my deposit, then she went to her solicitors and then she went to court (to which i could not attend, because i could not take time off work and i need to work, as i need money and my new job is very demanding with long hours), which she knew i could not, when i wrote to her and now this.
ever since i started work, i have been deposited rent to her account to reduce my arrears, why can she not understand that i am doing my best?
she sought my partner out, to tell her that she wanted her help to get me out, she expressed her understanding and relating of how tricky it is to be between jobs, as she has been there herself, but her behaviour towards me, is offensive and patronising.
her husband was checking my linkedin account and as of a sudden, he has become my landlord too.
i am a clean, honest, home loving person, who works hard, pays taxes and abides within the requirements of the city, i just had a stroke of bad luck, which i am now rectifying, do i need to be treated like a naughty child or a criminal?
i don't think so.
i am a professional, educated, gay woman on my own, relying on private landlords/ ladies to be housed, while these landlords have got one/ two or more houses, waving the wand of law, when it suits them, on the tenant's expense, charging them and/ or kicking them out.
i understand the stress and the frustration, but it is important to understand both sides.
i am not writing this, in order to stay; that would be ideal, as i have treated this flat like my home and i like the neighbourhood, but it is far too stressful to deal with people, who change their mind all the time.
i am viewing flats, in my spare time, but i have just put an offer on one, available August 6. i would like this time to prepare my move, please. i need four weeks.
many thanks for taking the time to read this.
i have written to mu local MP and a solicitor, too.
Kind Regards,
Submitted: 1 year ago.
Category: UK Law
Expert:  Naveed Khan replied 1 year ago.

Thank you for writing. I will be happy to assist you.

I understand that you wish the possession order to be postponed or set aside if possible. Do you have any agreed term when the contract was to finish because according to law the landlady can not take back possession before the term is over. Moreover, she is bound to give you a 2 months notice before applying for a possession order. What does the possession order say? when are you to vacate the flat? You need to write your response to court as soon as possible giving out reasons why this order may be set aside or delayed. Also clarify the position re payment of rent. How much have you paid and dates and the arrears if any.

Regards

Naveed

Barrister

Customer: replied 1 year ago.
Hello and thank you for responding.
My contract has already finished and i have been given back my deposit.
My landlady does not appear to be very empathetic/ understanding, i just lost my job and was trying to get back on my fee as soon as possible, but the only thing she is thinking about is the money, despite the fact that she has spent money to take me to court.
She has changed her mind so many times and now, i have to deal with this, while ai am working full time.
The possession order says two weeks, by the 12th july.
Which i have found unrealistic.
I have written to her and the court and my local MP and here to a solicitor to stare my case and delay/postpone the decision.
I have also been looking for new accommodation.
I owe two months rent, ever since i got my full time job, i have been paying rent, something that she has not appreciated.
Also, she is threatening me with ruin and taking money out of my workplace.this is so stressful and unfair, i am not a criminal, i just had a stroke of bad luck, which i am now rectifying. Obviously, it is not enough for her.Please let me know what you can do and what i can do, also.Best wishes,stav B
Customer: replied 1 year ago.
ps apologies for the typos. writing fast. x
Expert:  Naveed Khan replied 1 year ago.

Thank you for writing.

From the information you have supplied, it seems that the possession order date has passed. Presumably the landlady would be pursuing a court warrant for possession. This happens when the tenant does not leave by the date stated in the possession order. This gives landlord the right to apply for 'court warrant for possession'. What happens next is that you get a notice of eviction sent to you by the bailiffs saying when the eviction will take place.

If your landlord uses the accelerated possession procedure to evict you, this only means you have to leave the property, it doesn't mean you have to pay back the rent arrears you owe. However, your landlord might apply for a separate court order which forces you to pay back what you owe. This court order is called a money judgment.

If your landlord uses the standard possession procedure they are likely to ask the court to give them a possession order on your home as well as a money judgment. It means you will have to pay the landlord back the money you owe them, even if you've left the property.

At this stage, your option is that since a court does have the power to delay the eviction, but only for a maximum of six weeks (42 days). You would have to prove that leaving by the date on the possession order would cause you exceptional hardship. It's up to the court to decide whether to allow you extra time before you have to leave. This can be decided with or without a court hearing, depending on how your landlord filled out their original application to the court (claim form) to have you evicted.

My advice is, get in touch with court asap and tell them about your difficult circumstances to get a postponement for eviction date.

Also consider consulting an experienced adviser, for example, at a Citizens Advice Bureau.

Regards

Naveed

Barrister

Expert:  Naveed Khan replied 1 year ago.

Hello,

Waiting to hear from you. If you are happy with advice received so far, kindly rate me as that is the only way I get acknowledged for my work on this website. Thank you for your support.

Regards

Naveed

Barrister at law

Expert:  Naveed Khan replied 1 year ago.

Please can you rate me. I have responded to your query but I see that you have not rated me. It is unfair if I do not get acknowledged for my services. May I please request you to rate me. Thank you.

Expert:  Naveed Khan replied 1 year ago.

Please I request you to rate me for my service. Thank you.