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Go Back   The Consumer Forums > The Consumer Forums
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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 18th July 2008, 06:50   #1 (permalink)
animal_lover
Gold Account Customer
Default Possesion Order - urgent help

I had a Possession Order made against me on the 08/08/2007, At the time i had been out of work since March 2007 due to having a Mental Illness. Because of this illness I didn't manage to start my claim for Housing Benefit and Council Tax Benefit until after i recieved the Possesion Order. With help from my Doctor explaining that i managed to get it back dated to May 2007 and also the Court decided to hold of on the eviction as long as i pay £3 a week on the arrears. At the time i was only recieving Incapacity Benefit of about £60 p/w and had alot of overdue household bills and debts(all this was from before i found this site) so i didn't know where to turn as the CAB wern't very helpful to me the last time i went. Looking back now i know it was a stupid thing to do but i put everything as priority to pay in front of my Rent. My rent officer applied to the Discretionary Housing for help with the £3 a week and for it to be backdated by the time it got sorted it got taken off again as it overlaped to when i got full Housing and a Council tax benefit when i went onto Jobsekkers Allowance, My rent officer asked them to look at it again to go back further so it wouldn't overlap but that was in January and it still hasn't been sorted there is always some sort of excuse. I went back into full time work in Feburary and have had several weeks of work since that date which made it hard to pay the full months rent plus arrears. When i changed job in March i went to a 14hr contract and reapplied for Housing and Council Tax Benefit i've had 4 claims so far and each got closed as i could'nt provide the info in time as my job and hours kept changing, I kept asking to have it put on hold so i could get the right info and they always said they would but when i sent the info my claims were closed. I've been out of work again for the past 2 months with a very serious illness which my landlord Trafford Housing Trust is very aware of but i recieved a letter from them a couple of days ago saying that they have advised the court to fix a date for my tenancy to end unless i pay the balance plus costs in full which is nearly £2000.00.they will not proceed with the action. I have paid the £3.00 towards my arrears for the last 3 weeks but because of the delay in claims and my illness they wont backdate my Housing Benefit or Council Tax.
If i lose my flat i will have nowhere to live as my mums house and dads house are full and i'll have nowhere to sleep.
Do you think if i get a letter from my Doctor explaining my health situation and how serious it is that they will backdate my claim and my landlord will hold off with the eviction. plus continuing to pay the arrears at the agreed amount.

Any advise would be great
Thanks
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Old 18th July 2008, 17:41   #2 (permalink)
Esio Trot
Gold Account Customer
Default Re: Possession Order - urgent help

If your illness can be called a disability, then you may well have a good chance of avoiding eviction.

Other than that, sounds like you have shot yourself in the foot as you didn't do what was asked (returned information). If you didn't have the information, you should have written in saying what was missing and that you are trying to sort it by doing x, y and z. That would have kept your claim open.

Eviction is always the last resort. Most county courts have have a duty solicitor - so even before the hearing date, get along and see this person. They can give you specific advice and should be able to work on a plan to help you through this.
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Old 26th August 2008, 17:58   #3 (permalink)
animal_lover
Gold Account Customer
Default Re: Possesion Order - urgent help

Just to update - I've been keeping up the weekly payments up until last week as i'm having problems with my wages which is in another thread. anyway i've spoke to them today and they say as soon as they hear back from the courts they are gonna fix a date for the tenancy to end regardless of the fact that with my backdate which is still being processed will clear just over half of it and i'm continuing with the arrears. Does anyone now how long it takes for courts to reply to a suspended possesion order and any further advice would be greatly apprieciated. Thanks
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Old 27th August 2008, 10:49   #4 (permalink)
animal_lover
Gold Account Customer
Default Re: Possesion Order - urgent help

Bump
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Old 28th August 2008, 08:36   #5 (permalink)
animal_lover
Gold Account Customer
Default Re: Possesion Order - urgent help

I've spoke to shelter who specialise in Housing Law and they told me that i need to go to court and ask for a new suspended possesion order. Someone at my local branch is going to ring me by Monday to sort it out with me. I hope i can get it suspended again as i definately put paying my Rent first.
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