Urgent advice needed.

[missydmm]

My pre-eviction story is full of facts that should of prevented Decree being granted. However, due to no legal representation and apparant court error, Decree was granted on 24th January.

I require urgent advice to prevent my family being evicted.

I'm a single mum to 3 children. I'm a Housing Association Tenant. I've been a tenant with the Association for 17yrs.

I suffer Mental Health problems following a Domestic Abuse relationship. Prior to receiving Help and support, i was evicted from same house in June 2011. I was given the house back a day later, due to a family member paying the full amount of rent arrears and court expenses. I was issued a SSST and had to receive Housing Support to avoid being in the same situation again. I was told this was a 'condition' of my tenancy.

Support that was provided by the association came to an end in July 2012 due to not enough members of staff. No replacement of support was put in place which resulted in me falling into rent arrears.

The Association started eviction proceedings on the grounds of rent arrears. There was 4 court dates prior to the 24th Jan. I was able to state my defence on those dates, which all resulted in 'continuation', granted by the Sheriff.

Then, without warning, on the 5th court date, they changed the grounds to a SSST which has come to an end.

The Sheriff sounded as surprised as i was on hearing this but immediately stated she 'had no option' and granted Decree.

 

On doing my own homework i have discovered that i either should of been issued a Secure Tenancy from the start, or my SSST should of converted to an SST before the court proceedings.

 

Other relevant information:

Despite it being a condition of my tenancy, the association ignored my request for new support to be put in place. On receiving notice of proceedings, i requested support through my Health Visitor. Although not immediately, support was provided by Children and Families. I continue to receive their support.

Rent arrears started due to problems with Benefits and no Housing Benefit in place. The same reasons for my rent arrears in 2011, which resulted in Eviction. This was pointed out to the Association when new support was being requested.

Current rent has been paid regularly since October, following an award of full Housing Benefit.

There was a HB back-date payment made and a claim to FURTHER back-date my HB was looked into on receiving my award.

My claim was upheld on the 20th of January, both the association and myself were notified on the 20th. Payment was made on the 26th January.

A deduction of benefits order was put in place end of December to reduce the arrears. I asked for the money to be taken off my benefits in September, but was told i could not make the application, had to be the landlord.

 

This is the most relevant info concerning my case, there are a few other, not so important pieces of information. Is there anything i can do to prevent the eviction going ahead, to prevent myself and children becoming homeless?

 

Thank-you in advance.

Edited February 15, 2014 by ims21

[unclebulgaria67]

I don't know much about this, but it is probably something that is going to be difficult for an internet forum to help you with. Going by what you have said, you are in Scotland and I therefore have posted a link to Shelter Scotland, who should be able to help you.

http://scotland.shelter.org.uk/get_advice/advice_topics/homelessness

 

By the sounds of it, your local council have a duty to provide housing for you and they should have an emergency number to phone if you need emergency accommodation.

[time4change2]

your local council does have a duty of care If you will become homeless within 28 days your local authority (council) only has to re-house you immediately if you are one of the following:

 

 

You have children who rely on you financially and they need somewhere to live.

You need special help either because you are old, mentally disabled, physically disabled or other special reason.