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Delaying the 'Notice of Possession' Court ordered date

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375 views 1 replies latest reply: 31 July 2015
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Tenant

Does anyone have any experience completing the defense form on a Notice of Possession request. Myself and my family (2 adults, 2 children, ages 4 and 11) were given a section 21 on May 26th. Date requested for us to leave was July 26th. 

I have tried and tried with all our local estate agents, mortgage applications, caravan on my mums driveway, as much as we could without moving away from the area, schools and businesses, to find a new home. I have been 95% packed since the week we received notice so am completely committed to leaving, but have been unsuccessful so far.

I didn’t manage to get out by the 26th. I have today had a copy of the application to seek possession from the landlord. He wants to move back in with his family, which I understand and feel bad for it getting this far. I am allowed to submit a defense form to accompany the request. What is appropriate to include in this defense form? My situation is that I have a potential property lined up but won’t be available for another 3 or 4 weeks. I want to avoid storage costs and moving more than once if possible. I don’t want it to sound like a load of excuses, more so real reasons why we need a little more time.

Any advice is very much appreciated.

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Administrator

Hi Nicola

Your defence form is your opportunity to state why you disagree with what the landlord has put in the application for possession. There’s full information here on how to handle this process and you can also get support from Shelter, Citizens Advice and a law centre.

It might also be worth going back to the landlord and just asking for that extra month. It could take a while for an actual eviction to take place anyway and the landlord would have more certainty. You’d have to stick to any date you agree to though.

Good luck

Alex

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