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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

help decree granted for eviction on council house

graemeg
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graemeg

graemeg

Posted
Posted

hi a decree for eviction has been granted on my house mostly due to bungling jobcentre and housing benifit staff. is there anything i can do to stop this ? i also noticed the european court recently ruled it would be a breach of european human rights to evict someone for rent arrears . would this help my case even tho the decree has already been granted ? please help iv only got till march 23 then me and my daughter are homeless.

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maroondevo52

maroondevo52

Posted
Posted

Hello and Welcome,

 

I've moved this thread to a more appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Conniff

Conniff

Posted
Posted (edited)

These things don't happen overnight or even weeks or months, so I can't see how you can blame a 'bungling' council for your problem.

Edited by Conniff
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MrShed

MrShed

Posted
Posted

Worth mentioning that the court case mentioned applies to a very specific subset of tenancies, and even then only in specific circumstances.

 

Not that I am unsympathetic but I have to agree with Coniff that council/local authorities do not evict overnight, so it is short sighted to blame rent arrears merely on HB/JobCentre issues.

 

In any event - what is your monthly rent and what is the current level of arrears?

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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graemeg

graemeg

Posted
  • Author
Posted

my monthly rent is 244 pounds and the arrears are 700 . the reason i blame jobcentre and housing benifit is it took them months to sort out my claims and my arrears then built up to a stage that it had to go to court

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graemeg

graemeg

Posted
  • Author
Posted

the housing office have told me that i must pay 400 pouds before they will agree to work out a payment plan for the rest im also in the middle of a backdated housing benifit claim that should reduce the arrears by another 260 pounds and im also paying what i can when i can

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Aviva

Aviva

Posted
Posted

Is it that the Council got an outright possession order and now have a warrant to evict and an eviciton date? Or was a postponed/suspended posession order made (usually made on terms of tenant has to pay current rent plus x off the arrears every week) and then a warrant obtained, etc?

 

If it was the latter then what terms were made and have you stuck to them?

 

If the problem was that it took a long time for your benefits to be paid why do you still owe nearly 3 months worth of rent? Why did HB not cover this amount?

 

You will need to apply to the Court for the warrant to be suspended.

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maroondevo52

maroondevo52

Posted
Posted

graemeg, are you in Scotland ?

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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maroondevo52

maroondevo52

Posted
Posted

Did you attend court when your case was called or was someone else there on your behalf ?

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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maroondevo52

maroondevo52

Posted
Posted (edited)

Your landlord should have sent you a letter telling you when the eviction date is, did you receive this.

Edited by maroondevo52
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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maroondevo52

maroondevo52

Posted
Posted (edited)

You did, 23rd March.

 

You may be able to get your case heard in court again. To do this you must lodge a minute for recall of decree.

 

You have to apply to court by filling in a form explaining your circumstances and the reason you want the eviction to be stopped or delayed.

 

You will have to show that you had a good reason for missing the first court hearing. This could be because:

 

* you did not receive the court papers, or

* you did not know that you had the right to defend yourself, or

* you did not reply to the court summons in time but that you have good reason for this and you think if you had, that the court's decision would have been different.

 

It's very important you fill the form in correctly, in your situation I would advise you to get advice immediately from Citizens Advice or similar.

 

Regards.

 

Scott.

Edited by maroondevo52
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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maroondevo52

maroondevo52

Posted
Posted
hi thanks scott iv got a lawyer to apply for another court date which should get the eviction stopped

 

Good stuff, let us know how you get on.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 3 months later...
sir_gilmour

sir_gilmour

Posted
Posted

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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