Eviction for Benefit Fraud. Please Help.

[inn0cence]

That's the problem,like any landlord HA want there money not looking very good for your friend,Sorry

 

When is the date at the county court hearing set for ?

In about 10 days time. What should she do!

[RaeUK]

I can only speak of my own personal experience of going to court about arrears with my Housing Association....

I found court was the best direction to go in when you have large arrears - mine were in excess of £6k, and I never got evicted. The court wants to help the tenant and will do all it can to do so. My Housing Association wanted to help me but had to go through the court because of the size of the arrears. I proved my income, or lack of it, made agreements with the court and eviction was stayed as long as I kept up with the agreement. Several times I couldn't and several times I went back to court. Each time I was able to show why I was struggling and how we could work together to reduce the arrears. The important point - and one the OP's friend must heed - is that some arrears were paid regularly, no matter how small, and I could always show the overall trend was reducing.

Many years later, I still owe my Housing Association about £700. We are both delighted with that! It's taken a long time but, as you can see, I still haven't been evicted ...

 

EDIT: I should point out that, whilst this seems very nice and straightforward in the telling, there were scary times and many a tear shed along the way!

[inn0cence]

EDIT: I should point out that, whilst this seems very nice and straightforward in the telling, there were scary times and many a tear shed along the way!

 

tell me about it.

the only ppl that seem to understand are the ppl that have been through it.

[inn0cence]

I can only speak of my own personal experience of going to court about arrears with my Housing Association....

I found court was the best direction to go in when you have large arrears - mine were in excess of £6k, and I never got evicted. The court wants to help the tenant and will do all it can to do so. My Housing Association wanted to help me but had to go through the court because of the size of the arrears. I proved my income, or lack of it, made agreements with the court and eviction was stayed as long as I kept up with the agreement. Several times I couldn't and several times I went back to court. Each time I was able to show why I was struggling and how we could work together to reduce the arrears. The important point - and one the OP's friend must heed - is that some arrears were paid regularly, no matter how small, and I could always show the overall trend was reducing.

Many years later, I still owe my Housing Association about £700. We are both delighted with that! It's taken a long time but, as you can see, I still haven't been evicted ...

 

EDIT: I should point out that, whilst this seems very nice and straightforward in the telling, there were scary times and many a tear shed along the way!

 

How come you still owe your HA money after several years? Did your case never get finished?

[RaeUK]

I've been on a comparatively low income for a very long time. There were times (the majority) when my payments above normal rent were quite small. Other times (not so many) when slightly larger amounts could be paid. And then other times (thankfully infrequent) when arrears built up again. I can't say how many times I've been back to court over the years but maybe half a dozen or so. But the majority of times I could negotiate with the Housing Association. Now, whilst my arrears can still be classed as high, because I've paid off so much I get some leeway. For example, if a new person takes on my account I might get a call about how high they are. When I suggest they look at the complete record they see a different picture, I've paid off about 85-90% of the debt. Hopefully, in about a year it should be zero. So, no, the case is ongoing and a suspended order for repossession is still in place. In the unlikely event there was another blip were payments were difficult I know I am fortunate that I can turn up at court with a very impressive graph showing the overall trend is still downwards! I know I'm lucky and my case is unusual in that I'm still in my home. I just wanted to show that with some hard work and some good fortune all is not lost ...

[SWLABR9]

Isn't is the case that the Coalition have now made possession mandatory if it's applied for when the tenant is two (or more) months in arrears?

[raydetinu]

Isn't is the case that the Coalition have now made possession mandatory if it's applied for when the tenant is two (or more) months in arrears?

.

Not that I am aware of, any repossession order must go through the courts and judged on its merits.

LA and HA have a much more difficult time to evict due to HRA section 8.

[SWLABR9]

Sorry I meant due to start in April. What's an LA please? I'm guessing HA is housing association. And what's this section 8? I've heard of that too I think, unless there's another 8 that applies...

[inn0cence]

Sorry I meant due to start in April. What's an LA please? I'm guessing HA is housing association. And what's this section 8? I've heard of that too I think, unless there's another 8 that applies...

 

Blimey, this sounds really worrying.

[RaeUK]

Not sure how that would work, SWL, but I don't know anything about it. But, phew!, I should be well under that by then ...

[raydetinu]

LA is local authority. HRA is human rights act.

section 8; interference by an authority on the quality of family life.

[raydetinu]

Article 8 sorry.

[45002]

 

She could start to pay the rent arrears off but she can't keep up the rent payments of £107.37 a week. No doubt that fraud agency know this and that's why they are doing this.

 

no possession order has been granted.

she has to go to county court because she now has rent arrears of about £1800.00.

the HA just want their money i suppose.

 

That's the problem,like any landlord HA want there money not looking very good for your friend,Sorry

 

When is the date at the county court hearing set for ?

 

In about 10 days time. What should she do!

 

Sorry for late reply,was away for weekend.

 

Unless your Friend can pay off All the arrears by the court date and pay future rent on time,you may get away with a suspended possession order,There is No guarantee this will be the out come.

 

If the arrears are still there by the court date,HA will get a possession order or they could even apply for a accelerated possession order !

[inn0cence]

so what should she do now.

even if she borrows the money to pay off the rent arrears, it will be hard for her to keep up the rent payments.

the housing benefit wont help her because they say that the DWP has told them that they think she has her ex-partner living with her.

they have sent another man from the estate agents to her house again today. this is getting quite scary.

[45002]

 

so what should she do now.

 

even if she borrows the money to pay off the rent arrears

,

it will be hard for her to keep up the rent payments.

the housing benefit wont help her because they say that the DWP has told them that they think she has her ex-partner living with her.they have sent another man from the

estate agents

to her house again today. this is getting quite scary.

Why has a estate agent been around when you said it's a housing association house !

 

Surely borrowing money is going to get your friend into even more Debt,you have to pay loan's it back.

 

Where is your friend going to get this loan from away ?

Edited August 28, 2012 by 45002

[inn0cence]

loan from brother

 

estate agent is associated with HA

[45002]

loan from brother

 

estate agent is associated with HA

 

so what should she do now.

.

 

See below

 

 

Unless your Friend can pay off All the arrears by the court date and pay future rent on time,you may get away with a suspended possession order,There is No guarantee this will be the out come.

 

If the arrears are still there by the court date,HA will get a possession order or they could even apply for a accelerated possession order !

[inn0cence]

she's pretty screwed then..

how does she get her housing benefit turned back on?

[MARTIN3030]

Moved here as requested.

Also flagged to site team.

[inn0cence]

what happened?

[MARTIN3030]

I think the thread title would also benefit from rewording now to reflect the current position.

If there is agreement on this-please suggest as appropriate.

[inn0cence]

no-worries, yr the expert

thanks

[45002]

Not my forte but was asked to move the thread since things are going to need sorting.

 

no-worries, yr the expert

thanks

 

I ask for the thread to be moved as it's rent arrears,more people use this forum Residential and Commercial Lettings who know about Housing law

 

That's the problem,like any landlord HA want there money not looking very good for your friend,Sorry

 

When is the date at the county court hearing set for ?

 

You posted on 24th August 2012 16:59

 

In about 10 days time. What should she do!

 

When is the actually court date and How much is the total of rent arrears ?

Edited August 28, 2012 by 45002

[MARTIN3030]

Not my forte but was asked to move the thread since things are going to need sorting.

[inn0cence]

i think it is either next weds or thurs