A Friend Has A Baliffs Coming Around Next Week To Evict Her

[Elley]

Can she doing anything she is ill and has three children and no where to go
Can the baliffs still evict her

[FrogNog]

yes. She should approach her local council immediately and declare herself homeless.

[Neveracrossword]

I think most points were dealt with in answers to your previous post - or is this another friend?

[EDDIE51]

What is the eviction for , non payment of rent or mortgage?
If so she should have made some arrangement with the landlord or mortgage company before it got to this stage. She maybe eligible for emergency accommodation by her local council if she is made homeless .
The answer is that 'yes' the bailiffs can evict her if they have a county court warrant for eviction. We need more information about the situation to offer better advice.

[EDDIE51]

Just read your previous posts, if it is as you say and she has already agreed to move and taken a payment for it there is no way to stop the eviction.
She has to declare herself and the children homeless and hope the local council will house them as an emergency.

[sherrardk]

I'm pretty sure that if she took money to leave then she has made herself (and children) 'intentionally homeless' and the council therefore have no duty to rehome her, even in temporary accommodation. Why didn't she use the money to rent somewhere else?

[kvalidir]

At this point if she ha any money left from the amount she was paid to move out I would rent somewhere asap- if she can't find anywhere residential then hire storage and buy a tent, stick yourself on a campsite so you have access to sanitation and scour the ads for property until you find something and make it quick. I think Sher is absolutely right,there is no responsibility to house you from the LA.

[Peter Pedant]

depending on the age of the children
the LA may still have a duty to re house

[EDDIE51]

Yes ^^ it is not the children's fault, they will be rehoused whatever, but the questioner may not get accommodated . She has to go down the route of declaring herself and the kids homeless though and then let the council decide what to do for them.

[sherrardk]

Intentionally homeless - http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

[EDDIE51]

^^ without a lot more information we could not guess if the 'friend' would be classed as 'intentionally homeless' but even if it does apply the council still HAS to grant emergency accommodation.
Emergency accommodation is for 6 months , if the applicant is found to be 'intentionally homeless' the emergency accommodation will not be replaced by permanent. But the 'friend' in this case will still get 6 months emergency accommodation while the case is considered.
Elley your friend MUST declare herself & children homeless and apply for emergency accommodation from the council , at least it will give her 6 months to find somewhere to live.

[Elley]

It's by consent order the friend agreed x amount of money to leave but has not done so know the landlord has a warrant of possession

[EDDIE51]

My comment still applies, your friend must register as homeless with the local council so that she can get emergency accommodation . This will at least last 6 months so she has time to find another place to live.
If she has the money she will have to pay for the accommodation provided but at least she and the children will have a roof over their heads .
She does not have to wait for the bailiffs to turn up , she can prove her case by showing the council a copy of the warrant of possession. In fact it will be to her advantage to go before the bailiffs arrive as if she waits until they turn up she will get the bill for her own eviction as well as her other problems.
This seems to be dragging on a long time , has she actually done anything about the situation yet or is she just waiting and hoping it will all go away?
It will not go away, if she does nothing she will find herself and the kids sitting out on the pavement with nowhere to go.

[Elley]

Can the court suspend the warrant if she makes an application

[EDDIE51]

I think it is too late now. She had the chance to object when the application to the court was made for the order. She obviously did not object and the warrant is issued , it is out of the courts hands now and up to the bailiffs. They may give her an extra day or two before they actually force an entry and throw her out on the street but it is up to them now.

[Elley]

Can she not appy court for relief

[EDDIE51]

When the application to the court for the warrant of possession was made she would have been given the court date and had the opportunity to object to it or ask for more time. She did not do that and the warrant was issued to the landlord.
Sorry but it too late now, it is out of the courts hands. There must have been months of 'History' to this story, a warrant of possession is only issued as a last resort after all other avenues to solve the problem have failed.
Your friend needs to get herself down to the local council first thing tomorrow and register for emergency housing or she will find herself sitting out on the street with no where to go.

[EDDIE51]

Just been reading your previous posts this HAS been going on for months.
Well this is the end for her. The bailiffs WILL come and they WILL evict her and leave her out on the street this week. At this stage the ONLY thing she can do is go to the council for emergency housing as you have been told.

[EDDIE51]

Been thinking about this, your 'friend' would not have previously posted on here as 'Tiger' by chance?
That poster seemed to have a similar problem with eviction from her home and constantly ignored all advice as your friend seems to be doing.

[EDDIE51]

Any news on this? it is over a week now, is she out on the street or did she take our advice?