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Court Hearing For Eviction

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chelsea_girl | 09:28 Mon 23rd Mar 2015 | Law
9 Answers
I received a letter on Saturday, with a date for a court hearing, stating I want to postpone the eviction from where I live. I need to know what things I can take, say or do to help my case. I am desperate to prevent eviction and will do anything I possibly can at the moment. I have no money to get a new home for me and my family presently, as due to bad credit, we arent able to get a new property unless we pay 6 months ahead, and as I have already done this once, it's virtually impossible to do again. Please help with this. All ideas gratefully received.
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Why are you being evicted?
Could you get in touch with the Citizens advice bureau or Shelter? They might be able to offer advice.
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Landlord wants to sell the property, so he's evicting us
What are the terms of your Lease regarding termination of contract? Has he served an eviction/termination notice and if so how long ago?
Think Citizens' Advice is your best bet.
I don't think you can stop a landlord from selling his own property. You might be given a stay of execution to give you time to find somewhere else.
Yeah OK you need qualified help

take all the paper along to the CAB - selling the property is a reason for eviction but I just dont know if the judge can delay it. They will. [know].

Your council may also have a unit that will help
You ( after the CAB perhaps ) contact them and tell them you are being made homeless thro no fault of yours ( that is arrears ) - if you have a child under five the council are obliged to rehouse you - once you have gone to the CAB it may be worth while reminding the council of their future duties and your needs

Both will say you MUST turn up to court... or else they will grant an order in default
If you have children under 16 you need to apply to your local council for emergency housing
https://www.gov.uk/homelessness-help-from-council
As you have an eviction notice you qualify for emergency housing from your council if you have children under 16 or in full time education.
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According to Shelter and National Landlords Association an owner can sell their property but cannot evict the tenants if they still have time left on the tenancy contract unless the tenant has breached the contract, e.g. is in arrears with rent. The landlord can sell with the tenants in situ and the new owner takes over as landlord and then renegotiates the tenancy agreement when is is due for renewal. If you believe you have not breached your tenancy refuse to leave until the landlord has a court order telling you you have to move out. That will not be granted if you have not breached your tenancy agreement. You will have the right to remain there until your current tenancy contract expires. After that the landlord has the right to evict you by refusing to negotiate a new one.

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