council applied to evict me - rent arrears

[mcjordi]

i posted this over on letting board but didn't realise there's a repossession section.

 

arrears applied for £512.13 plus costs £169.50

actual arrears at the time of court were £456 odd (housing benefit for that week hadnt been deducted)

 

i pay 6.12 water rates atm plus some off the arrears.

 

the court set a hearing date of 23-02-2010 which i didnt attend to do being ill with my bad back (stupidly i didnt tell the court or phone the doctor), but i have advised the court that my medical records show i have scolosis of the spine.

 

council were given 28 day posession order (they told me they were going for a suspended one, which from the paper work that was sent after i filled in my defence/i+e sheet said order approved district judge on the bottom ( this was for a suspended order) - apparently the 28 day thing was down to me not attending

 

i have since got the arrears down to £432.73 which will be lower when the next hearing comes around (if i get one).

 

i have filled in the n244 form for another hearing saying i couldnt attend for being ill, arrears have been reduced etc.

 

how long is it for another hearing (the 28day order runs out 23rd march 2010)

are my chances good for a suspended possesion order?

my arrears were from being a student and either eating/living or paying the rent that week - i chose the eating/living.

 

i get income support with a disability addition and am happy for the council/housing association to take it direct from my money.

 

i don't know what i will do if i have to give up possession to them, i will have nowhere to go.

 

any help appreciated

[mcjordi]

bump

[mcjordi]

rang the court this morning. they said i will get another hearing and that the 23rd posession date will be postponed until the hearing is heard

[mcjordi]

new hearing 26th march

[reborn71]

Adding a bump, hopefully someone who can help will be along soon

[mcjordi]

any body know if this is likely to be changed to a suspended one?

[Ell-enn]

Hi there, provided you can prove you are in a position to pay off the arrears in a reasonable time, I can see no reason why you shouldn't get the possession order suspended.

 

Did you send an application to the court asking for the hearing and if so did you write a statement detailing your situation? Are they aware you get a disability allowance? If not, I can help you draft a statement to take to court before the hearing.

 

You might get someone to help/represent you at the hearing if you contact Shelter Shelter England - Eviction, they're not just for homeless people - they help with council possession claims too.

 

Ell-enn

[mcjordi]

hi yes i sent in the n244 form and statement saying why arrears accured etc.. and why a suspended order should be given..

i havent said that i get a disabled allowance (i should of mentioned it) argghh..

 

i have the hearing on 26th march as i couldnt attend the first one due to illness..

 

i have also said that the arrears should be clear in less than 18 months hopefully sooner.

i attached a budget sheet aswell

[Ell-enn]

You've certainly done all the right things. Just to put your mind at rest give Shelter a call on Monday and see if they have any further advice.

[mcjordi]

thank you ell-enn ..

 

i hope they suspend the order for possession as i really cant be doing with having to leave.. also cant afford to go private

[Laywoman]

The arrears are comparatively small so it seems a bit off of the Local Authority to take possession action. Had you made and then broken previous agreements for repayments?

 

I cant see a judge giving the council possession for such a small amount.

 

Have you got it in writing that they were going to get a suspended order as opposed to a 28 day outright order?

 

If so, they may have already gone against their own policy and as a council, that could potentially leave them open to a public law defence of unreasonableness (under Human Rights Act).

 

Find out who runs the court desk at the court and go and see them as a public law defence is a bit complex. Desk could be run by CAB, Shelter, local solicitor or local law centre. As you are on IS, you should be able to get legal aid.

 

If you have a disability, you may well be priority homeless (although arrears wont help your case ) and so, logically, there is little point in the council throwing you out as you could well end up back with them for housing.

[mcjordi]

from what i have been told by the local estates officer that they judge normally gives the 28 day order if the tenant doesnt turn up at court for the initial hearing..

 

i know one of my now ex neighbours owed close to £1000 rent she got her possession suspended (im not sure if she went to the hearing or not) well she didnt pay and was evicted

[Laywoman]

from what i have been told by the local estates officer that they judge normally gives the 28 day order if the tenant doesnt turn up at court for the initial hearing..

 

i know one of my now ex neighbours owed close to £1000 rent she got her possession suspended (im not sure if she went to the hearing or not) well she didnt pay and was evicted

 

That's generally true yes although if the council told you they would suspend, then they should have got a suspended order.

 

As long as you keep up any agreed payment plan, then all should be well.

[mcjordi]

next hearing is fast approaching...

 

i can get the arrears down to less than £400 no problems before the hearing. this should show im taking it seriously

[Laywoman]

next hearing is fast approaching...

 

i can get the arrears down to less than £400 no problems before the hearing. this should show im taking it seriously

 

For arrears of just a few hundred, the judge can actually adjourn on terms (that you pay weekly rent plus £3.25 off the arrears) and not give any sort of possession order.

 

Even if he wont do that, he can give a Postponed Possession Order instead of a Suspended Possession Order. The difference is that with a PPO, the council have to go back to court and the court decides next steps so the council cannot go straight for the eviction order if you fail to meet a future payment, as they can with an SPO.

 

The relevant caselaw is Woodspring v Taylor.

 

Costs are likely to be £169.50 which will need to be paid back from the agreed £3.25, however, the judge may decide its disproportionate for the council to pursue the claim and chuck it out.

 

All depends on the judge. The duty adviser will be best placed to advise as they will know how each judge at that particular court operates.

[mcjordi]

so outright eviction is unlikely??

 

i would be happy with either a ppo or a spo as the arrears would be paid off.

and many thanks for the case law ill use it at court

[Laywoman]

so outright eviction is unlikely??

 

i would be happy with either a ppo or a spo as the arrears would be paid off.

and many thanks for the case law ill use it at court

 

On what you've told us, hugely unlikely.

 

You shouldn't really settle for an SPO. With a secure tenancy you should get a PPO or have it adjourned on terms, if they continue with the case at all that is.

[mcjordi]

well heres hoping.. less than 2 weeks till hearing

[Rachie1973]

I was once taken to court over £1000 rent arrears with a housing association. It had been an almighty screw up with housing benefit who had lost my forms.

 

3 days before the court date my auntie lent me the cash to pay them, which I did, completely up to date but they insisted on keeping the court appearance.

 

When we got in the court room, they asked the judge to still grant a suspended eviction. He looked at them like they were mad and then asked them if they were actually asking him to grant a suspension order 'in case I missed a payment' to which they said yes.

 

He said absolutely not and dismissed the case before wishing me a good day and asking me to leave the court. He then gave the housing association officer a gobful lol.

 

As it was the MP got involved shortly after and made HB pay up the backdated cash, so I paid my auntie back quite quickly

 

I know its not relevant to you but I thought it might make you smile, and I hope for a good outcome for you

[mcjordi]

i rang the court yesterday and i have found out its the same judge as the first hearing which i couldnt attend is this a good sign??

[Laywoman]

I was once taken to court over £1000 rent arrears with a housing association. It had been an almighty screw up with housing benefit who had lost my forms.

 

3 days before the court date my auntie lent me the cash to pay them, which I did, completely up to date but they insisted on keeping the court appearance.

 

When we got in the court room, they asked the judge to still grant a suspended eviction. He looked at them like they were mad and then asked them if they were actually asking him to grant a suspension order 'in case I missed a payment' to which they said yes.

 

He said absolutely not and dismissed the case before wishing me a good day and asking me to leave the court. He then gave the housing association officer a gobful lol.

 

As it was the MP got involved shortly after and made HB pay up the backdated cash, so I paid my auntie back quite quickly

 

I know its not relevant to you but I thought it might make you smile, and I hope for a good outcome for you

 

Now that's what a call a good judge.

 

Your tenancy was probably not as secure as mcjordi and so if he finds a judge with a similar attitude, all will be good.

[Laywoman]

i rang the court yesterday and i have found out its the same judge as the first hearing which i couldnt attend is this a good sign??

 

It wont really make a difference to be honest.

[mcjordi]

yeah i have a secure tenancy.. ive been reading stories on here of rent arrears being in 1000's and still being suspended.

[mcjordi]

what will the judge ask me on friday?

 

just so i can be prepared

[oliver10216]

good luck mcjordi hope all goes well