Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default NOSP Ground 8 rent arrears Catalyst housing association

    Please really need some help. My Housing association have told me they want to hand me a ground 8 Notice of seeking possession order due to rent arrears of more than 2 months.

    They have not really consulted with me whether i can afford to make payments, but have told me to pay more than £10 per week for the arrears is now £1783.

    Unfortunately some of the arrears acquired due a previous tenancy which was transferred to them, and when i was working. I am already paying £10 per week although i am on benefits and by law required to pay £3.75.

    I have a meeting with the manager on the phone before Christmas who told me that i either paid a big amount as £10 will take forever and they would seriously seek a NOSP ground 8 where the judges have no discretion.

    Can anybody help on what to do at the next meeting with the manager, who just seems he just wants to kick me out!


  2. #2
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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    Hi,

    The manager is correct, if you have 2 months rent owing on an 'AST' tenancy agreement then they can issue a section 8, ground 8 notice, and when it eventually goes to court the judge has no alternative but to give the association possession.

    So, you need to find a compromise with the manager. Remember, your housing is a priority.

    You say the court order is for £3.75 per week? And you are paying £10? So you can show that you are making an effort. I presume all your current rent payments are up to date?

    When did you last sign a tenancy agreement with the HA? (This could be very important) How much is your rent per month? Do you claim all the benefits you're entitled to? Could you find somewhere cheaper to live? (A new landlord wouldn't / couldn't evict you for a debt to someone else).

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  3. #3
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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    the HA can only take as prescribed in law for a person on benifits not what they want to demand , contact the welfare rights @ your local council urgently, a NOSP when issed will not be actioned if an agreement is kept to, ( and this must comply with the law ) also once the arrears are cleared it becomes null and void, the best way is to get DWP to make the amount they can legaly demand deducted from your benifit and paid direct,

    Also a strong letter to the CEO of the HA complaining about the Managers demands should be done urgently, and also to your local councillor and MP

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  4. #4
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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    Hi and thanks so much for your replies.

    • The tenancy is an assured.
    • i moved into the property in Feb 09 with another landlord and Catalyst took over in July.
    • Catalyst have not provided me with a tenancy agreement as to date or a rent book
    • Also because I am classed as having a disability would this apply:
      22.— Discrimination in relation to premises.

      (1) It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—
      (a) in the terms on which he offers to dispose of those premises to the disabled person;

      (b) by refusing to dispose of those premises to the disabled person; or

      (c) in his treatment of the disabled person in relation to any list of persons in need of premises of that description.



  5. #5
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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    Hi, firstly, I think your 'disability' clause is a bit of a red-herring - you could only rely on it if you could prove a non-disabled person in the same financial situation would be dealt with differently.

    However...

    It might be worth getting advice on who you actually owe the rent arrears to. It is my understanding that although your tenancy transferred to Catalyst, the arrears won't have done. Any rent you should have paid to Old Landlord is still owed to OL, not Catalyst. Therefore all the money you have paid to catalyst, since Catalyst took over, should have gone to pay rent from the date catalyst took over. Does that make sense?

    Example:

    Apr Rent Due £1000, Rent Paid £100, Owed £900

    May Rent Due £1000, Rent Paid £100, Owed £1800
    Jun Rent Due £1000, Rent Paid £100, Owed £2700
    =====Catalyst take over=====
    Jul Rent Due £1000, Money Paid to Catalyst £500, Owed to OL £2700, Owed to Catalyst £500
    Sep Rent Due £1000, Money Paid to Catalyst £1000, Arrears Paid to OL £500, Owed to OL £2200, Owed to Catalyst £500
    Oct Rent Due £1000, Money Paid to Catalyst £1000, Owed to OL £2200, Owed to Catalyst £500

    Substitute your own figures, but so long as rent due to Catalyst remains below 2 months worth or rent, then you can fight a section 8 ground 8 re-possession.

    An easy way to check might be to phone old landlord and ask if you owe them any money - if they will put in writing that you owe (say) £1000, then that is £1000 that Catalyst can't claim you owe them.

    The above is my UNDERSTANDING of your situation, it is not a situation I have been in, so I may have misunderstood either your situation or the law. Put this suggestion to someone who knows about tenancy matters (CAB Solicitor?) and see if they agree.


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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    Quote Originally Posted by kiptower View Post
    the HA can only take as prescribed in law for a person on benifits not what they want to demand
    This is true, but while it stops them taking too much money it doesn't prevent them applying for possession of the property.


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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    Was this a Council property which has now transferred to a HA?


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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    I'm not sure if it will be any help, but I found this info on another site:

    Ground 8 possession for rent arrears is unhelpful inconsistent and unfair says CAB - RL news


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    Default Re: NOSP Ground 8 rent arrears Catalyst housing association

    Thanks for the info I have been scurring the website for info as well even lexix nexis.

    The property is Housing Association and I have developed a plan to pay off more than half (3/4) the arrears in 3 years would that seen reasonable to them?



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