HELP!!! Possesion Order - Possession Warrant? Baliffs? HELP PLEASE

[finkykun]

hi im wondering if ANYONE can help me.....

 

i have got behind in my rent due to work issues, im on a AST (Assuerd Shorthold Tennancy) BUT im out of the tennany aggreement...

my letting agency have given me a section 21 which ran out today at 5.30 - my aggency is now telling me they can go to the court tomorrow morning and apply for a possession order which will take 48 hours and they will be able to remove me on thursday at 9am....

but as far as ive read they would need a possession warrant to remove me? if they get a possesion order by thursday how long will it take them to get a possession warrant..... its all baffal to me... can ANYONE help please......

[wonkeydonkey]

Hi

 

I have sent message to a member of cag who I think is well placed to help you with this so...hang on for a while and check back often

 

WD

[finkykun]

Thank You x

[fork-it]

I'm afraid I dont have great news for you. An AST is a fixed term rental and the tenant accepts the agreement will end on a fixed date. After that the landlord and tenant can renew the agreement a further term. ASTs are used with new tenants or tenants having high credit risk.

 

A Section 21 is a notice of recovery of possession on expiry or termination of the AST, see Section 21 of ther 1988 Housing Act. Its not a court order, but the landlord intends to end the tenancy on the expiry date.

 

If you do not vacate the property then the landlord can make an application for a possession order.

 

Is your current AST more then 6 months? or it is a relacement AST for a previous one effectived immediately after the original AST? if yes to either then the landlord can apply for the order straight away, otherwise the order cannot be granted until after 6 months has elapsed. A possession warrant isnt needed if the tenant is cooperative, otherwise a warrant will be needed to vacate the property. Its very messy.

 

If you have children living with you, then approach your local authority and make an application for emergency housing and take a copy of the Section 21 notice with you.

[brassnecked]

You could eke it out for a month or two, but it would be very messy and as fork-it has said, if you have dependents try the LA and CAB and Shelter would be two organisations worth trying also:

 

http://www.shelter.org.uk/, and http://www.citizensadvice.org.uk/