Landlord has applied for possession of property, how long have we got???????

[walkinthewoods]

The landlord has applied for possession of his property through the court. It is an 'accelerated' procedure. We are assured shorthold tennants. We were served a s.21 notice a couple of months ago.

It has been a really stressful time recently (won't bore you with the details) but I am now worried he can evict us really quickly. How long between now and any order the court will issue? We are desperately trying to find someowhere but lack of funds etc is making it difficult. We don;t know anyone in the area and have 3 young children.

If the s21 notice was valid then the court has to give a possession order. The accelerated process means that he doesn't actually need a court hearing - he isn't seeking an order for costs just for possession. You will receive a notice for possession and if you don't leave by the date stated then he can apply to the court for a warrant for baliffs to come and change the locks.

Typically the notice for possession order will give you 2 weeks to move. If you are going to wait for the baliffs then that might give you a further 2-4 weeks, but could be less depending on the area.

Have you been down to the council housing office at all and seen if they can give you any help?

So I have to wait for a notice for possession and that will have a date on which we have to move out? How long before they send me a date? I have to send a form back so I'm guessing I send this form back within 14 days and then they set a date? Roughly how long away will be that date? I'm just trying to get a ball park figure for when we actually need to move at the very latest (obviously the last thing we want is baliffs turning up)

have you told your council you have been served? It should increase your chances of getting social housing?

The possession order will typically give you 14 days notice (from the date issued not the date you receive it). As no hearing is involved I would presume that the 14 days will run from the deadline of when you have to send back your defence.

A court would have discretion and could give you up to 6 weeks notice in extenuating circs, but not sure if this applies when using the accelerated process.

Try googling Shelter - I think that they have a 24 hour helpline.

you need to get advice from the council and from shelter.

You should be entitled for help and to be classed as 'homeless' unless you have been evicted because of debts or similar.

But you need to get advice from both as they will let you know not only your legal position but may have schemes in place to help you find a property even if you are considered intenionally homeles.

My landlord is seeking possession of the property I rent, through the court, but not under the accelerated proceedure. How long will this take.

Has he served a valid notice on you?