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Kezzakins

Rent arrears paid off but still being hassled.

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I hope this is in the right section, and please excuse me if it isn't.

 

My friend has a rented property via her council. Unfortunately, she got into arrears and was taken to court. She did not receive any letter before action or a defence form, and was told by her housing officer that an order had been made to outright possession of the property.

 

She has since applied to have this order set aside, so she can pay off the arrears, and she is due in court on 26 August.

 

In the meantime, she has now paid off all the arrears claimed by the council and is actually ahead in her payments.

 

However, her housing officer is hassling her with phone calls, wanting to know why she hasn't vacated the property yet. An eviction order wasn't made, so I've advised her that the housing officer should not be doing this. I also feel that she should not be doing this when an application to set aside/vary the order has been made to the court.

 

Also, since all monies have now been paid, surely the housing officer should be leaving her alone. Can somebody clarify this for me please?

 

Kxx

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if there was no eviction order made and your friend has paid off all the arrears then i would suggest this is harassment.

Ideally your friend should record the calls made to her by the housing officer (some mobile phones can record calls)!


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Hi Kezzakins

Can your friend not get Housing benefit or Council Tax benefit?

If there was no eviction notice then your housing officer needs to be reported to their boss usually Director of Housing or a stage higher - the Chief Executive.

Even the local MP would be inerested - especially nowadays.

It may simply be that there computer system is given out the wrong information - has been known to happen - did in my case!

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The Council usually applies for a possession order which is "Suspended" or "stayed" if there is a possibility that within a reasonable period of time you will be able to repay the amounts due or put right any breach of your agreement with the Council. This usually involves a court making a possession order, but that order is not enforced unless you fail to pay what is owed.

 

See; http://www.kettering.gov.uk/site/scripts/documents_info.php?documentID=323&pageNumber=3


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