Lender applying for permission to enforce an SPO +6yrs old

[Challie19]

My lenders solicitors have sent me a copy of a form they are applying for permission to enforce a possession notice which is over 6 years old

 

This is due to take place by telephone tomorrow morning

 

will eviction take place tomorrow too?

Or do we go to court again?

 

thank you

[Andyorch]

Welcome to the forum.

 

Permission of the court

The landlord does not normally need to apply for permission of the court for a warrant to be issued. Permission of the court is required if:

 

the order was suspended on terms other than non-payment of money, for example antisocial behaviour

six or more years have elapsed since the possession order was made[3]

 

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/eviction_warrants_and_writs/enforcement_of_possession_orders_by_county_court_possession_warrants

 

[Challie19]

Thank you for taking time to reply,

 

the original possession order was first made in 2014 so yes 6 years have passed

 

my mortgage term finished last year in june after 20 years and about £5000 is still owing which we accept we need to clear however my immediate concern is tomorrow going to end in my eviction or will another hearing take place 

 

thanks 

[Andyorch]

What grounds are they making the application to request permission to enforce ? Have you maintained the payments subject to the suspended possession order ? 

 

The hearing tomorrow will only be to decide if they have grounds and get permission.

[Challie19]

Hi thanks for response,

 

we have had problems in the past but we were in arrears by about three months before the complete mortgage term was up last june ( after 20 years final payment would have been june 1st 2021)

 

as i say my immediate concern is whether they will turn up to evict us tomorrow

or we will get another court date at which point we can arrange to pay 

 

thank you for replying

 

[Andyorch]

Have you been invited to attend the telephone hearing ?

[Challie19]

We have

 

i am at a hospital appointment which cant be moved ( my daughter lives at home and has a premature baby with feeding problems,  she also has mental health probs so i need to attend)

 

my husband is at work and is unable to take calls he is under threat of redundancy meeting this week so cant be off 

also we have had no forms to fill in or requests for info

 

so bit confused 

[Andyorch]

Well they will most probably be allowed to restore the suspended possession order and the court may grant an extension for a further 6 years. Have you made any arrangements with the Solicitors re the arrears and when did you last make a payment ? 

 

It would be prudent to draft a statement to submit to the court today in your absence at tomorrows hearing  explaining your current situation and none attendance and current Financial circumstances with offer of payment. I accept your current difficulties but maintaining a roof over your head takes priority over everything else....

 

Do not just not attend and do nothing...at least inform the court as to why and what with reasons explaining your position. 

[Andyorch]

Any update how did this go ?