I have to appeal to the court,so i am not evicted.

[Ian Appleby]

I have rent arrears for a while,but have paid off quite a bit in the past 12 months.I had a bad patch in work just before xmas and the arrears went back up a bit,but since i have paid what i missed.This morning i had a notice of eviction for the 22 jan.I have phoned up my landlord (housing assosiation) and they said they are happy that i have brought my arrears payments back on track.They said that i still need to go through the court process,so that they would not have to pay the court cost if it happens again.I have been told to appeal to the court using a n244 form.Can anyone tell me of a template letter for this form or give me some advice on how to go about filling it in to my favour.Thanks for any help.
Ian

[iwannabedebtfree]

Ian

can i ask, do you already have a possession order against you? or is the landlord taking court action for the first time?

[demon_x_slash]

It sounds like they are getting an eviction order 'in reserve', so to speak - that means if you fall behind by two months again, they have it ready and waiting to evict you.

[iwannabedebtfree]

ian if demon is right then i think they are trying to get an SPO (suspended possession order) against you. your notice under s8 HA 1988 should have stated under which grounds the housing association will be asking the court to make an order for possession. there are both mandatory grounds and discretionary grounds. if you could advise that if you have received notice, what grounds the housing association has given for the court action.

likewise, currently is there a voluntary agreement in place whereby you pay rent plus some of the arrears per week/fortnight/month?

[Ian Appleby]

Thanks for your posts and sorry for the delay in getting back.I did already have a possession order.The housing association want me to appeal to the court so they dont have the court charges i guess.I would be grateful on what to put on the appeal form it is a n244 form.I am setting up a standing order this week and will also state what i have paid off already,but i am not sure how much detail i need to go in to.Any advice i thank you in advance for.
Regards Ian

[iwannabedebtfree]

are you appealing to have the possession order annulled? are you no longer subject to the order?

[Ian Appleby]

Originally Posted by iwannabedebtfree

are you appealing to have the possession order annulled? are you no longer subject to the order?

Hi
I am appealing on the basis that i am going to keep paying off my arrears.The landlords have said they are happy with this,but want me to do it this way to save on their court cost incase they have to take me back again i guess.I am going to town tomorrow to get this n244 appeal form.
Ian

[iwannabedebtfree]

ian

apologies, ive had my head up my backside moaning at social services. in respect of the n244 i doubt that the housing associaion would be happy with you applying to set the judgement (i.e. the possession order) aside unless arrears have been paid off, instead they may be happy with the postponing of the date for possession. however suspended possession orders in respect of housing associations are worded in such a way that the order be suspended as long as the tenant complies with the order (usually rent plus some of the arrears), the HA will not go back to court asking for a date for possession unless the terms of the original order has been broken.

can i ask what the original terms were in the application for possession? were they for rent plus costs?

i would advise going to see a local housing advice service in your area and request support in filling in the n244 and the witness statement.

[Ian Appleby]

Hi Iwbdf,
They have not mentioned costs at all.As far as i know the terms were for arrears increasing after the possession order.I will be seeking advice tomorrow.Thanks for your help i appreciate it.
Regards Ian