I think you'll have to accept that this time the house is gone. You should have come online sooner than after the possession had taken place. Last time was a fluke due to the circumstances and the lies of the mortgagee - this time your circumstances are different. I doubt you'll be able to get back into the property. If you were to try - it would be using the exact same procedure as before.

You don't need case law for such a basic claim. I have no idea why people always want to make things complicated for themselves. Your PoC is over-inflated and contains extraneous information that the court will have zero interest in. It is simple - you are claiming £150 which your LL has kept for alleged damage to an item. That is pretty much all you need to say in your particulars, and then it is for the LL to enter her defence and you, if necessary, respond to that. The small claims court decides on the facts: was a deposit paid, was it returned, why was it not returned - and then decides on the evidence before it, on the balance of probabilities, who is telling the truth and makes a judgment. I can't imagine that the time and effort it's going to take to take this to court is worth £150.

You must attend the possession hearing. With your level of arrears, non-attendance could result in an outright order. If you attend and show the judge your I&E and prove affordability, then the judge is very likely to suspend any order made. It is unlikely that you'll get an adjournment, but there'd be no harm in asking the judge to consider it, given that you have made an offer and stuck to paying it, even though the mortgagee hasn't been particularly helpful in relation to telling you to pay X and then saying it's not enough. If there is an SPO and you cannot afford the payments for some reason, then you can go back to court to ask to vary the order, to reduce the offer you have made...and if you feel you can pay more,you can do that just by paying it - the court will only be interested in you meeting the payment you offered and it ordered - paying more is absolutely fine. The sooner the arrears are cleared and kept cleared, the sooner you can apply to the court for the SPO to be discharged.

How many years are left on the mortgage? With your current rate of payment towards the arrears, £140 per month, it will take you over 8 years to clear the arrears. If you have more than eight years left on your mortgage term, then a court is very likely to award the mortgagee a suspended possession order on those terms - which is good news for you, as so long as you stick to the agreed payment, nothing further will happen. With that level of arrears you are very unlikely to get an adjournment on the possession proceedings, so an SPO is the best you can hope for if it gets to that stage. I wouldn't suggest going to any of the 'quick sale' options the poster above mentioned - they are usually scams ultimately in that they hit those when at their lowest, making huge profits for themselves, but still leaving you homeless. You're better off dealing with the mortgagee that you have and coming to an agreement - and if you can't, or they won't, then going to court is not going to be the worst thing you could face, so long as you can afford the payments you are offering.

Try not to worry too much. If your wife is genuinely going to find another job and perhaps get compensation for her dismissal, then the extra time you'll buy yourself by applying for MRS will genuinely make a difference to the court proceedings. Don't forget to include in your letter requesting interest only that the MCOB states that possession should be a last resort, and if there are other options open (such as interest only), then there is no reason why you should not be given that opportunity. Of course, all of this also depends on the remaining term of your mortgage, as that will play a large factor in the time they can offer to you.

Did you actually submit an application and it was rejected? Though of course, you are right that if your house is worth more than your area allows, then they can't help.

I understand that you think the chances of getting Mortgage Rescue are slim, but make an application anyway. Get a confirmation letter from the local authority that they have, and are considering, your application. When the case comes to court, you can use the letter as proof that you are looking for an alternative, and ask the judge to adjourn for 3 months whilst your application continues. MRS apps take anywhere up to 9 months to complete, sometimes longer, so the judge will not be phased by a request of 3 months. This will undoubtedly get you past the December date for your wife's tribunal, and hopefully a payout that will assist you in the future. In additon, you should write to the mortgagee and ask to be placed on interest only for a period of 12 months - explaining that this will give your wife time to get back into work, and will allow you to pay something each month towards the arrears as well as the interest only payment (it'll be less than or equal to what you're paying currently if they take the capital repayment off). Inform them that under the pre-action protocol they have 10 days in which to reply to your offer. These letters will also be of use in court. If you're lucky, this won't come into court until early November, and if so the adjournment you can ask for due to an MRS application will take you to February at least, and by then your wife should know what her position is regarding the tribunal.

Has anyone suggested the Mortgage Rescue Scheme to you? Your mortgagee doesn't actually need another possession order for the second loan, they can execute the first one after 1st October - they probably started both cases at the same time and instead of joining the claim, they proceeded separately, probably in the hopes that if the first one was suspended they could get outright on the second. They can execute the warrant on the first order after 1st October, they don't have to wait for the second hearing.

It's not rocket science - you have been to court for possession proceedings, ergo you have arrears, which clearly indicate NON-PAYMENT. Many people don't like straightforward advice - those are usually the ones that fall flat on their backsides and lose their homes. I'm a lawyer, I defend possession proceedings - so get over yourself and take the advice given, it's pretty much the best you'll get because the solicitor you saw clearly just earned his fee for the day and didn't bother telling you what you needed to do during the adjournment. I won't waste my time further - I don't do this to gain your gratitude, but I don't tolerate ignorant, stroppy responses because I don't sugarcoat my advice. The problem is yours.

Any delay with no payment is prejudicial to the mortgagee - hence they will use that to persuade the judge to make a decision rather than await an outcome from FOS. In actual fact, the two issues whilst linked can be dealt with separately. Forget the 'play into their hands' - this is about you meeting your obligations to pay your mortgage, not about you trying to score one over on the mortgagee, or the mortgagee trying to score one over you. You failed to make payments and they are doing what every mortgagor is warned of when taking out a mortgage 'if you do not keep up repayments, your home may be repossessed'. So make an offer and pay it - if you keep making offers and never pay, that'll look bad in court. If you make the offer of what you can afford, then that will look great for you when the court comes to make its decision. One way or the other, a decision at court will be made, so whilst you have the complaint decision to wait for, it doesn't negate your obligation to continue to pay the mortgage - the mortgagee can withdraw this case and start again, but they probably won't as they will wait to see what the judge says at the adjourned hearing. If you continue not to pay during that period of time, they'll just say affordability is an issue, and if they can get the judge to agree to that, then possession will follow. You're not doing yourself any favours if you don't pay anything - even if what you can afford is only the interest plus something small towards arrears. The court is not going to continuously adjourn unless there are substantial reasons behind your complaint. You've yet to state what the 'unfair treatment' is. What kind of compensation do you think you'll get? As I said before, ask for the time you think you need. Even if they refuse, start making payments as per your offer.

OP stated deposit was 'registered with TDS'. TDS is short for Tenancy Deposit Scheme. My response pertained to that - not any of the other schemes. So unless OP was confused about where his/her deposit was registered, my answer was correct.

If the case was specifically adjourned to await the outcome of the complaint to FOS, then it may be adjourned again. However, since decisions from FOS can take up to two years, the mortgagee may press on the prejudicial issue (to them) of the delay. Yes, IF the hearing was adjourned for the specific reason of the complaint then it MAY be adjourned again. I am going to presume you had a deputy district judge or perhaps one who was not too experienced, as the failure to follow pre-action protocol (which is what PAP stands for), is something the court can adjourn for the mortgagee to remedy by complying. It is merely paperwork - perhaps it is the issue of 'treating you unfairly' that is being taken more seriously than the lack of following protocol - I can only guess. If your complaint is upheld, then the FOS will tell the mortgagee what they need to do in order to rectify the matter - will it mean they have to start again? They can do that right now by withdrawing the case, following PAP and reissuing possession proceedings. What they actually will do is anyone's guess. CMI = current monthly instalment MCOB = Mortgage Conduct of Business Ask for the period of time you think you need to get back on your feet.

If there has already been an adjournment due to failure to follow the pre-action protocol, the idea behind that adjournment would be for the mortgagee to comply with the PAP during the adjournment period. Your complaint will probably not have much of an effect on the court proceedings because the court will look at the reality of the matter, and affordability of the mortgage, and unless you are able to offer the CMI plus something towards the arrears which will clear them before the end of the term of the mortgage, the court's hands are effectively tied. You should try making an offer in writing to the mortgagee, requesting that they place you on interest only, and inform them that under the PAP they have 10 days in which to respond to your offer. You should also indicate in your letter that the MCOB states that possession should be a last resort and that the mortgagee should give consideration to a period of interest only if this will assist the mortgagor in meeting the payments. They cannot be forced to give you an IO period - but they are obliged under the PAP to respond to your offer/request in 10 days. If you are on benefits, why do you not qualify for legal aid? (Presumably your capital in the property is too high?) The FOS decision, as indicated, has no real bearing on the possession proceedings - so don't try to rely too heavily on that. It is only likely that the possession proceedings will be adjourned again if the mortgagee has failed to follow the PAP during the adjournment - they can usually do this quite easily by sending letters they should have sent and by responding to any offer you put to them in writing. The case isn't going to be dismissed unless they have failed miserably on something and there is no real cause of action. This is not likely based on what you have written, so unless you have missed something fundamental out of your post, don't expect the possession proceedings to be dismissed - there'll be a decision one way or the other. The FOS finding for the mortgagee has nothing to do with what the judge will decide in the possession proceedings - the judge will decide on an order based on your ability to pay.

TDS is an insurance based scheme. LL/LA can do whatever they like with the money during the tenancy - it's not actually handed over to TDS. In the event of disputes, TDS mediate.

I thought Warm Front stopped taking applications in January this year. In any case, you just have to provide them with the information they've requested and then wait for them to do the work. Your landlord shouldn't really be leaving you without hot water though - you would have a claim against him for this.

If he pays them ground rent, they are the freeholder. They may just be able to find the funds to buy the property - and he could inform them that he will be making a claim against them for the loss in value of his property if he makes one, due to having to disclose the troublesome neighbours. Most mortgageees won't withhold consent to rent unless it is entirely unreasonable - but they will also likely increase the mortgage interest as it is no longer a residential mortgage. He can take action with a noise abatement notice himself if he doesn't want to go to the council - sometimes the threat of taking action is enough to make people sit up and take notice (he'd serve it on each of the noisy neighbours).

You're not likely to get away with paying nothing. All the time they have been holding the property for you, on the expectation that you'd be moving in on Monday, they have been losing money by not advertising for a tenant that can afford to pay. So, whilst they have to mitigate their own losses by putting the property back on the market as soon as you tell them (so tell them sooner rather than later), they can still claim any losses from Monday until they get a tenant in to take your place. In theory they could sue for the full six months, but as I said, they have to mitigate their losses, so the sooner they rent the property the less they'll claim from you. You might be better off negotiating with them and explaining your lack of funds.

If you are not getting any joy from the housing association then you should contact your local environmental health department and report the noise to them. They can take action - but will require you to keep a diary, and may put sound recording equipment in your property in order to ascertain the noise levels. Noise abatement notices can be served. Tenants who make a nuisance of themselves can be evicted, but it's a long process, so the housing association may still be in the information gathering stage, however they should be keeping you informed as to what they are doing. It is entirely possible that you can sue for a breach of covenant - the right to peaceful enjoyment of your property. This doesn't mean quiet...it means without being unduly disrupted or disturbed by others around you for whom they are responsible (their tenants). I presume the housing association is the freeholder of the building? If yes, then they are the people you would sue for any loss you suffered when selling the property (in price). You might want to sell it to the housing association...then they can put all their noisy tenants in one block! Or alternatively, ask them to install some sound-proofing in the flats where the most noise comes from (that may be the cheaper option for them in the long run).

Post #18 gives the real reason behind the letter OP received. The housing officer visited his girlfriend on a night he was staying there and made the deduction that he was living with her. This impacts a) whether or not he's living in his own home as his main or only residence (the requirement of social housing), and b) whether he's living with her and contributing. OP are both you and your girlfriend receiving benefits of any kind?

I can see Rorsach has been banned. Unsuprising really, the Site Team are wonderfully quick at spotting bad behaviour and stopping it in its tracks. Well done, Site Team.

Hi Daniella It's very, very rare for someone to get their home back following a lawful possession order being granted by the courts and then executed by bauliffs. As indicated in post #2, which quite clearly states in this person's friend's case, getting back into the property relied on negotiations with the mortgagee. Getting his belongings back was another matter - and he was perfectly entitled to everything he owned within the property - and quite rightly was able to get those things. OP, you were a lovely friend and it's a shame your mate couldn't be bothered to see what he was throwing away by not taking the help you offered him and sticking to whatever terms were agreed. Unfortunately for some people things get so bad they can't see the good, so you may find that once your mate is finished licking his wounds, he might want to make amends. One can only hope.

You're wrong, and your statement has added absolutely nothing to the thread in terms of usefulness.

The most obvious thing has been missed. There is the distinct possibility that there was a claim for benefits during the period of time specified: by someone other than the OP. So the DWP may not have made a mistake according to their records - the mistake may be as to the identity of the claimant, who may or may not have made a fradulent claim

I think I mentioned somewhere above (can't remember) that the court doesn't always send information out before a hearing that is listed so soon, so you should always serve the claimant with your defence too. Never mind, they can make do with the copy, but may point out to the judge you didn't do things properly. Won't have much effect, but that probably won't stop them saying something.

It is fine to do what you have done with the letters you previously sent them, as lots of people keep electronic copies of letters and wouldn't have a signed version of the one they sent. It is not, however, fine to wrote 'copy' on a witness statement - whilst it may be a photocopy (no one expects you to print two originals), it IS supposed to be an exact copy of what is filed in court.