Saturday 12 September 2009

Clear as can be, my possession notice.

You get this on your doormat:

" Pathmeads Housing Association LTD.
Notice Requiring Possession
Section 21 (4) of the Housing Act 1988.

To: Sue De Nim
Address: Papier Mache Towers

Pathmeads Housing Association Ltd requires possession of the above premises which you presently occcupy which you presently occupy under an Assured Shorthold Weekly Periodic Tenancy.

We hereby give you notice to deliver up vacant possession of the premises at the end of the period of the tenancy ending next after the expiry of two months from the date of service on you of this notice.

Signed: Squiggle
Date: 18/08/09

What would you feel if you received that? I've been to lawyers. They said the landlord will probably not go to court for an order for possession until January as "things can slow down in the run up to Christmas, you'll be ok til then."

I shall explain for you the SUMMARY EXPLANATION ON "NOTICE REQUIRING POSSESSION AND POSSESSION PROCESS"

To enable us to ask the Court to make an Order for Possession of an assured shorthold tenancy what we need to show to the Court is that we have served a preliminary notice under Section 21 of the Housing Act 1988. This notice is known as a "Notice Requiring Possession or a "Section 21 notice."

A service of that notice does not mean that there is a problem with your tenancy. The notice does NOT bring your tenancy to an end NOR does it mean you must leave the property at the expiry of that notice.

(This is the same procedure I went through with the Church. The first notice wasn't out on your ear day, but that didn't stop me shitting my pants for what turned out to be 9 months of waiting for the 'accelerated court order' after which we were put in a hostel, despite countless letters from the mental health services, local councillors, the lot)

The notice itself is merely the first stage in the process. Its effect is to entitle [stick in any landlord] to take the next step in the legal process, which is to ask the Court to make a Possession Order.

If we do subsequently ask the Court to make a possession order the Court will notify you that a claim for possession has been issued. You will be given the opportunity by the Court to respond and to let the Court know whether you oppose the claim for possession (I wanted to oppose the Church order, but was told it wouldn't alter things) If the court decides to grant a Possession Order then you will be sent a copy of that order. This will be the second stage in the legal process.

Even when a Possession Order has been made and your tenancy has ended you may still remain in the property until the Possession Order is enforced by a Court bailiff.

(I wouldn't stay the night in the hostel: The social worker I had at the time told me to stay there, she'd get me out. But oh no, I still couldn't take my son there. Go on Bishop, call in the bailiffs. It didn't come to that, three weeks later we were placed here. The Bishop showed his mercy after all. Or did he? How long does it take a Court Bailiff to enforce a court order? I don't want to experience it but I should like to find out.)

DO I HAVE TO GO THROUGH THIS PROCESS AGAIN???

January, you say 'needs and access'? Officers will talk to me then? What a coincidence.

If I don't do the Private Rental Scheme (and who's to say my landlady would want us to stay), you'll put us in a hostel? What's the word we call that? Blackmail? Bullying?

I am acting on behalf of my child. What you do to me, you are actually doing to him.

Every Child Matters? Show me. Give him a permanent secure tenancy.

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