section 21/possession order.

[special_kala]

We got given our notice and have asked the council if they can help as we can't afford to keep private renting.

They said we have to wait until our landlords get a possesion order.

Has anyone had any experience with this?

 

[Mummy May]

No advice hun, Sorry you're going through that. Xx

 

[lilyd]

Do you not have to refuse to move out on the required date in order for the landlord to get a possession order?

If that's the case then (as long as they are reasonable) I would let the landlord know that you will be staying beyond the date on the s21. I think the landlord then has to go to court to get a possession order.

I would get some clarity from the council though as I think your landlord can claim the court costs from you.

Good luck x

 

[KayBea]

i think a landlord needs a possession order to get you out.

are you being evicted or is it the end of your tenancy?

if your in the UK this may help otherwise ide go to CAB. dont rely on what the council say, they are useless - i found this out the hard way!

https://m.england.shelter.org.uk/get_advice/eviction/court_action_for_eviction/court_orders

i was served an eviction notice as the flat i was in was being re possesed as landlady hadnt paid the mortgage for 6 months. i went to the council & all they would offer me is a b&b on the day i was being evicted for upto 6 months!! where was i meant to put all my stuff? i couldnt afford a storage unit thats for sure!
i went to cab & they said the council cant do that as i have a proper home setting ie we had furnature kitting out the whole flat! xx

 

[special_kala]

What did the council do when you told them that?

 

[KayBea]

i didnt go back to the council, i appealed against the eviction notice & won - i dont quite know how you would do that with a landlord as i had to do it with the debt collectors who were re possessing the flat.

i simply wrote to them, told them the situation & said i can pay my rent directly to them. x

 

[SophiasMummy]

I can help as I've just been through this. The outcome from the council completely depends on the reason for you being evicted.

firstly you get the notice to quit which is normaly 2 months notice, that is basically just ending your tenancy, then the landlord has to apply for a possession order (it took 5 months from when I first received my notice to quit) you will get papers for the court that you have to fill in regarding the possession order, that normally takes around a month to go through and you will usually have 2 weeks until the possession order takes effect, but you don't have to leave when that takes effect, they then have to apply for a balliff order which take another month roughly and it will give you a date and time depending on how busy the balliffs are when they will come and repossess the property and change the locks and you have to leave or be gone by then

As to the council once you receive your possession order they will doing a housing assessment with you to decide whether you are intentionally homeless or not, if you are considered intentionally homeless they will only provide temporary accommodation for 28 days to give you extra time to look for a private rental, if you are not considered intentionally homeless they will offer you temporary accommodation until you get a permanent council house HTH

 

[mum22ttc#3]

The council told us this too but never made us get one in the end. I'm not sure whether it was scare tactics as they kept trying to push us into going into private accomadtion even though like you we couldn't afford it and defiently didn't have the money for deposit and month in advance.

In the end they ended up giving us temporary accomadtion in a hostel for a month, after this we were given a temporary house for 3 years until we ended up successfully bidding on one.