Council House - Have been evicted due to rent arrears

[JenniferMcEvoy]

Hi all, new to the forum so hopefully I'm posting this in the right place.

 

I lived in a council home with my two younger brothers, it's our family home. My brother was made redundant Sept last year. I was temping and unable to afford the rent but my brother was applying for job seekers allowance and help with the rent. I called the council and informed them of this.

 

My brother is now working (on a much lower wage), I'm also working but we did have rent arrears, I was paying the rent April and May with an extra £30 each week, my brother made sure I didn't see any of the letters from the council until we received the eviction notice. I didn't know what to do and so spent the two days trying to get the arrears money so I could pay the council. Too little too late. I was evicted last Thursday.

 

I made an application to my local county court (N244) for a judge to hear my case and the situation of why we had the arrears. Due to mis communication from the court I was not informed of the court date and it went ahead with out me today and the judge upheld the council's request for evicition.

 

I have been informed by the court, that due to the mis communication, I can make another application for my case to be heard by the judge (without notice) and so am going down there tomorrow to make the application, I was told that I need to have LEGAL REASONS as to why the court should rule in my favour. Search for this has been a nightmare, I cannot get free legal advice (I earn too much) and cannot find anything online.

 

What I want to know is how do I word the above in legal speak for question 10 on the N244 form.

 

Any help you guys can give me would be very much appreciated.

 

Thanks.

[Ell-enn]

Do you know if your local court has any duty legal advisors that may be able to help you?

[JenniferMcEvoy]

Ell en, no they don't - I contacted the Citizen's advice bureau and Shelter and both of their advice was the same - I do not qualify for legal advice.

[Lea_HTH]

What the advice meant is that you have to have a legal reason to challenge the order.

 

Under what ground was possession granted? How much were the arrears? Was the original hearing in the five minute possession list? Who's name was the tenancy in? You state you live there with your brothers...has there been a failed succession?

[JenniferMcEvoy]

The possession was granted by the courts due rent arrears, we were in arrears by 2,500 which has been paid off in full. The tenancy is in my name only and no failed succession. Can anyone advise me of a website I could visit that could help me with this?

 

Thanks.

[Lea_HTH]

You stated that your brother hid all the paperwork from you - I take it you now have it all? If so, kindly scan in the particulars of claim, redact any personal information, and post it to the forum. It is imperative that I know the ground possession was granted under - 'rent arrears' is a reason for a ground, not the ground itself.

 

You're on a website that can help you with this (and unless you've got five years to read and learn about the relevant laws, it's the best you're going to get!) - but you're going to have to follow instructions.