Housing Assoc Possession Hearing - Transcript of Recording

[caledfwlch]

Hello!

 

A relative has a Possession Hearing on Friday being brought by her Housing Association - though their agent is claiming they are going to ask for "Suspended"

 

At the moment, I am getting info by bits over the phone - Apparently within the court papers received was a witness statement from that Agent, regarding the relative - it states that the "Tenant does not stick to payment arrangements"

 

Except she has been, and even their dodgy figures seem to back this up - she gets partial Housing Benefit, contributes £18 towards the rent, and £10 towards the arrears, which by now I believe are below £700.

 

I have a covert recording of a meeting with said Agent, and believe I did have the right to do this, and can provide a transcript for court. I need to recheck through, On this recording, iirc the Agent does state that he knows full well she is keeping up with the agreed arrangement, and this is why they are going for a Suspended rather than full Possession.

 

So does this discredit or damage the case in anyway, that in his own voice the Agent proves his witness statement is fraudulent? There are all sorts of issues I mentioned in another thread, regarding the figures the Housing Assoc and the Witness Statement provided by another Agent of the HA being complete rubbish, and none of the provided figures add up correctly...

 

With regards to making a Transcript, is this something I can do myself, or should I use a specialist, though time of course is running tight?

 

The good news is she has contacted Shelter - and it sounds like there are several of these going through on Friday, as Shelter will have an expert at the court all day, and will accompany myself and the relative.

 

I am just feeling a little baffled and peeved that there seems to be no problem with a HA abusing the judicial process by providing fraudulent figures and witness statements - I have absolutely no doubt they are doing this to others, and have been doing so.

 

The paperwork also claims that this order was originally served in May 2010 - would it suffice for it to be deemed to have been served if the housing association to claim it was sent in first class post? As nothing was received, and certainly no Process Server has served paperwork in person.

 

Of course, given how dodgy everything else in the paperwork is, its entirely possible they mean May 2011

[Ed999]

My comments apply only if the premises are entirely within England and Wales, and only if the occupier was granted a tenancy (under which she - and her spouse/partner/children, if any - had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord), and only if she was over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

I hope this FAQ might explain to you the basics of a Housing Act tenancy - your relative presumably has an Assured tenancy, rather than a Shorthold, but the main difference is that a section 21 notice can't be given to an Assured tenant, so you are facing an application for possession solely based on the Section 8 grounds:

 

• Tenancy - posession, eviction and notice

 

A suspended possession order is often the first step, in a Housing Association case. The tenant is NOT being evicted at this hearing. A suspended possession order is a possession order, but one that does NOT take effect unless the tenant fails to make the agreed payments towards the rent and the arrears on the dates specified in the order.

 

 

Apparently within the court papers received was a witness statement from that Agent, regarding the relative - it states that the "Tenant does not stick to payment arrangements"

 

Except she has been, and even their dodgy figures seem to back this up - she gets partial Housing Benefit, contributes £18 towards the rent, and £10 towards the arrears, which by now I believe are below £700.

 

 

Golly! You are going to need rather strong nerves at the possession hearing, if there are rent arrears of £700, if you are seriously going to tell the Judge that the tenant does stick to payment arrangements!

 

Get ready for a roasting if you try that.

[caledfwlch]

My comments apply only if the premises are entirely within England and Wales, and only if the occupier was granted a tenancy (under which she - and her spouse/partner/children, if any - had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord), and only if she was over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

I hope this FAQ might explain to you the basics of a Housing Act tenancy - your relative presumably has an Assured tenancy, rather than a Shorthold, but the main difference is that a section 21 notice can't be given to an Assured tenant, so you are facing an application for possession solely based on the Section 8 grounds:

 

• Tenancy - posession, eviction and notice

 

A suspended possession order is often the first step, in a Housing Association case. The tenant is NOT being evicted at this hearing. A suspended possession order is a possession order, but one that does NOT take effect unless the tenant fails to make the agreed payments towards the rent and the arrears on the dates specified in the order.

 

 

 

 

 

Golly! You are going to need rather strong nerves at the possession hearing, if there are rent arrears of £700, if you are seriously going to tell the Judge that the tenant does stick to payment arrangements!

 

Get ready for a roasting if you try that.

 

So the relative will need "strong nerves" to tell a Judge, that she has stuck to the arrears repayment arrangement that she agreed with the Housing Association? Not quite sure where you are coming from.... Especially since I have audio of the Agent agreeing that she does in fact keep to the arrears repayment agreement that she and the housing association agreed. Maybe I am strange? But the Witness Statement specifically mentions that she has not kept to the arrears repayment agreement that she agreed with the housing association, when she has.

 

The other problem is Court Staff have confirmed that what the Housing Association wants with regards to Suspended has absolutely no bearing on the matter, but will entirely be up to the Judge, and he could oppose it being suspended and grant a full possession, because he had a bad dinner or something. Which is what the relative is most worried about, because the Judge in question has a "reputation" especially when facing the towns poor.

Edited June 24, 2011 by caledfwlch
grumpyness removed - bad day

[Ed999]

In a possession action the Judge will not make an immediate possession order unless the landlord asks for that.