A simple scenario about the involvement of Bow County Court
in the various evictions which take place in Newham
Our opinions are based on the various cases which we dealt personally.
Tenants are issued possession proceedings for either rent arrears, reduction of benefits, loss of jobs due to exceptional circumstances or disabilities. Possession proceedings start at Bow County court but most of the time, the tenants are not even served with the papers and a possession order is made in their absence without giving them the opportunity to file a defence. District judges make orders as follows based on what Newham council says in their claim:
“Upon Hearing representative for The mayor & Burgesses of the London Borough of Newham, the court gives the claimant possession of the property …..”
Hence, the council gets the possession order and then serve on the tenant who will obviously be in a state of distress and shock. The tenant will then be intimidated by the council’s officers to accept any offer of accommodation outside London or in the outskirts of the city. I know a lady who has been evicted and suffered from domestic violence, nevertheless, the council gave her an emergency accommodation in the outskirts of Croydon area. The accommodation is small and she says:
“I have to travel 29 miles on public transport just to get to the nursery of my child or work which usually takes me around 2,5 hours one way. The property is a tiny studio hardly fit to hold one person. There is a double bed that I share with my son and the mattress is old with springs biting into our backs and the boxes below it are broken and we keep falling in. I have seen an a neighbour from upstairs going around with a knife
tucked in his trousers on a video footage. And I need to go upstairs in order to use the washing machine which is shared. All those news and arguments and shouts I’ve witnessed myself from behind closed doors make me feel really distressed, uncomfortable and scared and I don’t really feel like spending anytime there, especially I am 30 miles away from anyone I know and who could help me if something happened….”
This situation arises because of the Court. We have witnessed many families being destroyed, children torn apart by being separated from their friends and family.
How is the Court responsible?
When the council applies for an eviction warrant, it is obviously issued without delay. The tenant is then served with the warrant and is expected to move out. However, he has an option of suspending the eviction warrant by filing an application notice N244 to the court which will give him enough time to find an alternative dwelling. The court will never let this happen. The tenant tries to file the application notice and is asked to phone the appointment line of Bow county court. An appointment is then given to him to attend the court in person to pay and file the application to suspend the warrant of eviction. The appointment date will be deliberately given two days prior to the eviction date in order to deprive the tenant to appeal if required.
This is a flagrant denial of justice. If the tenant has sufficient exceptional grounds to stay in his house, the court should give him the right to be heard and put his case forward. If for instance the eviction is on a Monday, the application will be filed by the court on Friday and heard by a District judge on the same day. If the judge refuses, the tenant has no option but to go to the council on Monday (the eviction day) with his belongings and his family. He will then be offered accommodation anywhere and he cannot refuse. If he refuses, council will then discharge its duty.
This is pure victimisation. It is clear that Bow County court is assisting the Council’s scheme of social cleansing. It is therefore necessary to enlighten the fact that without the Court’s assistance, the Council will be unable to evict people so easily.
SOCIAL HOUSING NOT SOCIAL CLEANSING!
SOLIDARITY.
Parents Against Injustice UK 