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hello,

i am due to be evicted from my council house in 8 days due to rent arrears.

my arrears stand at 4220 but i have paid off 1700 this week. i was informed by the council that if i pay 1444.23 then the eviction would be suspended but they have gone back on this offer and now say i need to pay 3000 to stop the eviction. i have filed for suspension of the eviction and am in court on friday, i have offered the 1700 i have paid and to pay 20 pw off the arrears. what do u think the chances are of me being evicted? i have nowhere else to go and although the council have advised me they have a legal obligation to provide me with temp accomodation for 28 days, there is no way i could take my daughter to one of those places!! ... please help im so scared.

 

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Hi, can you give some background as to how the arrears occurred. Are you able to prove to the court that you can afford the £20 per week extra?

As you have a small child I'm sure the judge will suspend the eviction, especially as you have paid £1,700.

Also, have you contacted Shelter? 0808 800 4444. They can be a great help in negotiating with the council and can even attend court with you.

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It will be up to the Judge. Things likely to be taken into consideration are:

 

the amount of arrears

how much of the arrears have been cleared since the last Court hearing

what the payment history is like since the arrears started to accrue - someone who seems to have tried to pay even if the payments have been somewhat irregular or not enough to cover the weekly rent will have more of a chance than someone who paid very little or nothing at all

how many chances they have had - arrangements made that were broken, previous Court appearances, etc

 

Some Judges are stricter than others though.

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yes, the rent arrears are mostly due to housing benifits not paying up as i couldnt provide proof of my business rent. theres nothing i can do about it though, as far as the council are concerned i owe the money and it needs to be paid. what do u think are the chances ill be evicted?

thanks for your help

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the council got a possesion order in dec 09, which i got suspended as i was waiting for housing benefits to pay and backdate. they didnt end up paying so they went for eviction. im now in a totally different position, im working full time and earning enough to pay rent plus 20 pw.

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What is the monthly rent?

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.

 

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The best advice I can give at the moment is pay off what you owe or seek legal advice. It would be better if you can get some legal representation for the hearing. If you can't get free legal advice or afford to pay then check with the Court if there will be a duty solicitor available on the day.

 

I've seen people who have been taken to Court 3 or 4 times and who always break the terms of the suspended order get another suspension yet people I thought would get one are told no and the eviction goes ahead. So it's hard to say what chance there is that you will be evicted.

 

Why couldn't you provide proof of business rent to HB?

 

When was the suspended order made? What were the terms? What were the arrears then? I make your current arrears to be about £2500.

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Yes my arrears are about 2500. Last time I was in court my arrears were over 3000. I am now in a good position to pay my rent and arrears and have a letter from my employer proving I am employed. I have paid all I can as I was advised I needed to pay 1444.23 to stop the eviction which the council have now gone back on. The court hearing is tommorow and petrified isn't even the word!! :(

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What is the monthly rent (or weekly)?

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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Did you ring Shelter? I put the number in Post 2 of this thread.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Presuming you are an assured tenant, and also presuming that the eviction is under Section 8, grounds 8, 10 and 11, then I am afraid I see no other result than possession order being granted.

 

Should the arrears stand at greater than £544 at the time of the hearing, the court is obligated to grant possession - there is zero discretion for the courts in this case.

 

I'm sorry I have no better news.

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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Given that you have paid a lump sum, can prove your employment and you have a child living in the property I think you have am excellent chance of success. The solicitor will know exactly how to put your case to the court so please try to stay positive.

 

Is the solicitor provided by Shelter?

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Ground 8

Rent is unpaid at the time of service of Notice seeking possession and at the time of the hearing for a Possession Order;

a) In the case of rent paid weekly or fortnightly at least eight weeks rent is owing.

b) In the case of rent paid monthly at least two months rent is owing.

c) In the case of rent paid quarterly at least one quarters rent is more than three months over due.

d) In the case of rent paid yearly at least three months rent is more than three months over due.

Two months rent arrears will normally give the Landlord an automatic right to a Possession Order.

 

For your information.

 

I assume that you are an assured tenant? What was the exact wording of the notice of 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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Stranger things have happened, but in my opinion the court effectively has its hands tied here.

 

Although any court, with discretionary or mandatory grounds, is likely to take into account extreme hardship cases.

 

When was the notice of intended possession served also?

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.

 

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Well, hold on - it is at the end of the day only my opinion.

 

Of absolute key relevance is the grounds listed on the notice of intended possession.

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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It also very much depends upon the type of tenancy you have.

 

There is ALWAYS point in going to such a hearing.

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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And of course a suspended possession order is always possible (and potentially quite likely, due to the reasons Ell-enn has stated above).

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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