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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32980
Experience:  award winning lawyer with over 15 years experience
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I have received a claim of the property we live in. There

Customer Question

Hello. I have received a claim for possession of the property we live in. There has been a rather fraught history to this. We were given a Section last year which expired, and I asked for more time from the Landlord as I was trying to buy a property with equity from the sale of another property (I can't afford to rent due to very low income - my current rent is extremely low as I shared the property - but I just about had enough to buy something with my equity). The Landlord agreed to wait but then locked us out of the house and said the tenancy wasn't valid - the house purchase also fell through. We got back into the house after a lot of discussion with Police and Council and they then said they would apply for a possession order. They didn't they sent me a month's notice. During that month I was extremely ill due to the shock of being locked out, plus I have a slight disability that tires me easily. I then received a letter saying we had two days to move out as the month's notice was up. I was just starting to feel better and look for another house, but this was another stressful situation. As I couldn't move out in 2 days time I went to the court and asked for an injunction against the Landlord (mainly due to the harrassment - ie people coming round and shouting at me) and to ask for my tenancy to be confirmed. A hearing was held, my tenancy was confirmed, I didn't ask for any damages, and I was given a new Section 21 which has just run out. The problem is I have been so unwell since the hearing I still haven't been able to deal with trying to find somewhere else to live.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Hi - I am in the Uk in County Durham.
Sorry for not being more concise there. Two weeks after the hearing (ie 6 weeks ago) my Mother was diagnosed with Pancreatic cancer - hence I have not dealt with much for the last few weeks as it's been a bad time for all of us and she needs some help.
JA: Have you talked to a lawyer yet?
Customer: Anyway now I have the possession notice - how long do I have before we have to move out now please?
JA: Anything else you think the lawyer should know?
Customer: I haven't talked to a lawyer yet - I came on here for advice. Am I on the wrong site? I am in the Uk.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.

what do you want to achieve and have you been paying the rent?

Customer: replied 1 year ago.
Hello. Yes I have always paid the rent. I have lived here for 12 years and been a good quiet tenant. The Landlord now wants his property back to sell it. I suppose I just need to know how long we have now. Ideally I need more time, which might not be possible, but would like to know how long we are likely to have to get moved now.
Expert:  Thomas Judge replied 1 year ago.

If you refuse to leave at the end of the two months post the s.21 having been served he would need to make an application to the court for possession. If you refuse to leave then he would apply to the court to have the bailiffs remove you - this also takes usually at least a moon (although you can be liable for the costs). It is best for you to try and negotiate (if you can) a leave date with him if that is your intention.

Customer: replied 1 year ago.
That is the situation at the moment. The two months has expired and he has applied to the court for possession. I received the copy of the claim for possession today. As I understand it if I do nothing, then in 14 days a court order will be issued for possession. But I don't know how long we are likely to have between now and the date the court order says we have to leave by. I don't want it to get to the bailiff stage if possible. Unfortunately negotiating isn't possible now, since we had the illegal eviction earlier in the year so everything is being done formally now. The main problem is that in 3 weeks time my Mother is having a major operation for pancreatic cancer and I need to be there for a couple of weeks, and also need to try and find somewhere to live now and need more time.
Customer: replied 1 year ago.
Do you know the timescale please, after the fourteen days is up. How long is it before a court order is issued and how long are we given to move before bailiffs are called. It would help me try and work out some contingencies and juggle things. Is it likely to be a month or 6 weeks or 2 months before it gets to bailiff stage please?
Customer: replied 1 year ago.
I have tried negotiating before but it got too stressful as I can't cope with aggression. It got very unpleasant (leading to us being locked out).
Customer: replied 1 year ago.
Apologies for my initial question being so long-winded, but the initial question was - how long have we got now please?

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