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Advise on eviction notice ASAP


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Hi there

 

I had some rent owing of around £3000 up to may 2010 and i was under a court order, my exwife left me was all the arrears and her name is still on the rent. i was under a court order to pay an extra £26 a month on top of my rent,

Now i got in to some trouble and my landlord applied for a possession order, but someone in my family helped me out and i cleared the full arrears in one go and i was in credit and this was clearded and showing on my account by the time they had got the possession order from the court.

 

Now 3 months later i have just fullen behind by one months rent due to CSA payments and my landlord has sent me a letter stating she has now applied for an evicttion date from the county court bec they was granted a possession order from the court and i have not kept the the court agreement (even though i paid it all off).

 

Is there anything i can do?? can i get it stopped and do they have the rights to do this being i was in credit and my account was cleared??

 

Im at witts end and i always seem to get these letters on a weekend when i cant phone or do anything about it

 

This is a housing association not a private landlord

 

any advise would be great please

 

steve

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Can you name the housing association please? Or give their initials?

 

Also what type of tenancy agreement do you have, and when did you originally move in?

 

Does it list any specific grounds for eviction (i.e. referencing housing act sections etc) on the notice(s) you have received?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Its now Notting Hill Housing and i moved in in 2001 and nope nothing about housing act sections etc, I dunno if going to the county court will do anything.

 

Thing that bugs me is that i cleared all the arrears and i was in credit and i thought the court order was voided but seems this is not the case

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The court order must be "voided", as the original arrears that it was there to clear were already gone. I think you would have a good chance of preventing the eviction.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The court order must be "voided", as the original arrears that it was there to clear were already gone. I think you would have a good chance of preventing the eviction.

 

Thats what im thinking but for some reason my landlord thinks different so i have all my paper work and statements ready for monday am and il going to hit the courts when the doors open at 9:30am

Il update this post after with the out come

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If it was a section 8, ground 8 on a Private Rental, the possession order would still be valid - paying the missing rent doesn't do anything to change that. However, as this is social housing, I am sure the rules are different.

 

OP should be aware that the courts won't give any advice - he should phone 'Shelter' who have the necessary expertise to help him.

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