Eviction proceedings 28th September with non tds compliance

[thepalace1]

We have received court papers for possession of our rented house, the case is due to be heard on 28 September 2013.

 

The landlord has failed to and refused to place our deposit in a TDS. We have proof by way of signed receipt from the agent that the deposit was received, it is also in our tenancy agreement that it has been paid.

 

Is the correct way to go about claiming deposit back and compensation by using the counterclaim section of the landlords claim for possession? or would this have to be done in our own separate claim?

 

Is it worth me doing it? or should I involve one of the many firms who are currently doing No Win no Fee?

 

thanks in advance for your help AGAIN!!! these forums have been so helpful to me in the past to which I extend my gratitude.

 

thepalace1

[mariner51]

Did you receive a s8 or s21 Notice for repo?

Only s21 requires prior deposit protection to be valid

Not sure if s21 no fault procedure allows for counterclaim on grounds of deposit non-protection

1-3 x deposit compensation claim requires CC multi-track procedure, which would require you to pay £1K+ in up front Court fees initially, and exposure to sig defence costs if you lose, plus prob cost of barrister to argue your case in Court

[raydetinu]

We need to know basis of claim for repossession, so presume the notice date has passed.

You cant claim deposit back until you have moved out, or it is not protected.

[thepalace1]

Notice was given by way of section 8, Rent arrears, we had been receiving Housing Benefit through ESA claim, which was stopped due to 0 points on assessment, we are actively appealing this and hope that the HB payments will be backdated...

[mariner51]

I assume s8 included ground 8, more than 2 months rent owed. This means mandatory repo order if arrears are not below 2 months by Court date. With s8, deposit protection is not required but you can still separately claim for non protection in another Court if you can afford the up front Court fee.

LL could ask Judge hearing the s8 for a money claim for rent arrears in his Judgement. This could leave you with a CCJ if not paid in full within 28 days.

s8 repo order may also prevent you seeking Council help with perm re-housing as it is classed as making yourself 'intentionally homeless'.

Best bet - get arrears to below 2 months rent before Court hearing.

 

ESA assessment zero points does not bode well for appeal (in-eligibility?)

[45002]

Notice was given by way of section 8, Rent arrears, we had been receiving Housing Benefit through ESA claim, which was stopped due to 0 points on assessment, we are actively appealing this and hope that the HB payments will be backdated...

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?385460-Failed-to-Attend-Medical-for-ESA-at-Atos-**-DECISION-REVERSED-**

 

When was your housing benefit stopped and how many weeks rent are you in arrears ?

Edited August 30, 2013 by 45002

[thepalace1]

In fact, we qualify for over 45 ESA points on re-examination of the descriptors, and over 70% going to appeal are succesfuly, so I dont entirely agree with your point on that matter, but thank you

 

 

If we win appeal, 90% of our rent arrears will be paid off

[raydetinu]

Suggest you contact shelter to see if they can help.

[45002]

In fact, we qualify for over 45 ESA points on re-examination of the descriptors, and over 70% going to appeal are succesfuly, so I dont entirely agree with your point on that matter, but thank you

 

 

If we win appeal, 90% of our rent arrears will be paid off

 

That wasn't the question I asked you !

 

Can I ask you when was your housing benefit stopped and how many weeks rent are you in arrears ?

Edited August 30, 2013 by 45002

[swinginapig]

Your housing benefit will have stopped as you are no longer eligible for Esa after gaining 0 points. You may still qualify for Housing Benefit on the grounds of having no income or low income. You are also eligible for Esa to be paid at the assessment rate of £71 ish whilst you are appealing the Dwp decision, to qualify for this you will have to send in unfit/fit notes in to Dwp from your GP.