going to court

[stuggling]

hi. we have some rent arrears with a housing association, after explaining that i have reported several repairs to them including damp and un safe stuff we being taken to court but are due to leave the house in a week as we have had enough of having to pay out for stuff they should be.

 

i spoke to them today and told them we leaving and they said still going to court over it, but i wont know what my situation will by jan5th 2012 as we will we getting housing benefit for new property but not full whack and cost will in crease for petrol for work use as traveling a bit further,

 

ive tried to speak to there welfare officer a few times but they never get in contact im annoyed they think it ok for me and my family to live in damp mouldy and cold conditions with holes in the plastic of the windows, sliverfish pest and all kinds.

 

i told them i didnt pay rent due to the condition of property and the fact we had to do alot of work to it, but got told that the rent is different to the maintance that they are required to do

[rebel11]

Hi struggling

 

Heres some info:-

 

http://england.shelter.org.uk/get_advice/debt_and_arrears

 

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

 

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation

 

I would take some photographic evidence of the state of the property. Also did you write to the Housing Association

at anytime?

 

You complain to :- http://www.housing-ombudsman.org.uk/

[stuggling]

we had solictors write to them n plenty of photos, ive tried to get hold of shelter but it really hard to get through.

 

im just confused as to what a judge will do as we move soon and im trying to sort out arrangement for it but they not giving me time to sort new propety out with bills there and benefits, im annoyed and amcry at them.

 

the house has triggered my husband skin problems, we get tierd vry easily here and it so cold due to holes in windows n my son has rauynairds

[rebel11]

Ring the Housing Ombudsman tomorrow, write down what you are going to say. You could also visit CAB.

 

http://www.citizensadvice.org.uk/index/getadvice.htm

[mariner51]

Your HA problems appear to go back to Aug (previous post) when you were advised to check your benefits entitlement, so why HB only for new property? Rent should never be witheld unless certain prior procedures are followed as 2 month rent arrears are obligatory grounds for eviction under s8 Notice.

HA is classed as a private social housing LL, as such they have repair obligations under LL&T Act and T has recourse to Council (EHO) for certain hazards. You do not mention if Council EHO has inspected at T request over damp/condensation or any verdict.

At the Court hearing you may ber able to raise HAs disrepair issues as mitigation for misguidedly witholding rent in frustration, but expect an Order to pay rent arrears. Why should current LL consider your payment position re new property when they claim an existing debt against you?

Shelters advice is that rent/mortgage is No 1 priority payment to keep roof over your head.

If Court hearing results in undischarged CCJ (payment in full within 28 days) this will adversly affect your Credit Rating for 6 yrs.

You have engaged Solicitors? so unsure how we can advise further.

[stuggling]

the new property is a private landlord not with the HA,The solictor we had is no longer doing anythin for us.

 

We move out before the court date and move to new landlords and i have requested twice for the EHO to come out through the HA as they part of the council too!! but nothing and requested the welfare officer on several occasions but nothing,

 

i have spoke to the courts but was unsure what to do apart from send a letter stating you moving out of the proptey and the date we move

[stuggling]

the new property is a private landlord not with the HA,The solictor we had is no longer doing anythin for us.

 

We move out before the court date and move to new landlords and i have requested twice for the EHO to come out through the HA as they part of the council too!! but nothing and requested the welfare officer on several occasions but nothing,

 

i have spoke to the courts but was unsure what to do apart from send a letter stating you moving out of the proptey and the date we move

[mariner51]

If you have not provided HA with required Notice of your intention to vacate, they will pursue rent for required notice period if SPT. If still in fixed term you cannot voluntarily vacate T without mutual Agreement and may be liable for rent until end of fixed term.

You don't appear to have reported your living conditions to Environ Health or private res letting liason officer, the only 2 depts that can help. hence no inspection.

[stuggling]

i have letters from council in regards to Enviro health and several meetings with the ha liason officer but they have never come to house.

 

i handed in 4 weeks notice of which they have accepted and i have to hand the keys back in by christmas day and when i spoke to the rent office ppl and told them they said still going to court, thoe i have spoke to the court who said send a letter saying you are moving out and the date keys being handed back in as the court is to seek poss of the property,

[stuggling]

worried over this now, as if goes to court and an order is placed on my partners wages (who is not a joint tenant just a person living with me) he could lose his job which means the benefits for us again which we dont want also im still waiting for our current housing benefit to come through for current house and have explanied this to HA and told them how much we can afford a month to clear it , but get no reply from them and even thoe they have our new address they have been sending letters to old house???

[mariner51]

I doubt HA can get a CCJ & AoE Order against a person not included in AST, who has no legal relationship to you.

 

Did you notify HB that you were co-habiting and were his earnings taken into account?

[stuggling]

yes hb are aware we living together thoe his name not on the current rent agreement and yes his earnings are on there

 

the ha always send letters to him in regards to rent and even taking him to court too!!! i have the orginal agreement from them and it states my name as tentant and then my partner and 2 children living with me, (partner changed his name so old name on there but no new agreement signed)

[stu007]

Hi stuggling

 

You need to really careful here as you seem to have two entirely seperate issues with the housing association.

 

1. The Rent and Rent Arrears - You should always pay your rent on time and never ever withold this as that gives them an excuse to take it further. Also if the housing association is going for eviction your arrears would have to be at a set limit as per the housing assicaition arrears policy.

 

2. Your issues with repairs is completely different to the above and should be treated as such and what you should have done is went through the housing associations complaints procedure have you done this.

 

It is pointless ringing the Housing Ombusman as the first thing they will ask you is have you went through the Housing Associations Complaints Procedure which you must do. Once this is exhausted then take it to the Housing Ombusman.

[stuggling]

we been meeting so many people from the HA over the problems complaints in writing and in person and even going to there building to dicuss it all!!

we have moved out of the propety now and i have put an offer of payment to them over the arrears and they said it will go to court for the judge to decided but the court papers are for seeking posession of property i have just read our tenancy for new add too which states if we are made bankrupt they will evict us with out notice needed ??

 

we have lived in our previous add for 3 yrs and for a 1yr and a half we had HB but they refused to pay for 8 weeks as they were admant by partner worked they we proved he wasnt and they said they will not back date it as it had gone over the 30 day appeal, and they ended it a month too early as well, we have pleaded with the ha as they kept telling me there welfare rights team would get involved and help even when i rang and wrote to them for help nothing not a thing of them

i paid as much as we could for the arrears but they wouldnt have it, we moved as it works our financely better off for us in the new add

[stu007]

Hi stuggling

 

If that is the case i would put one last 'Formal Complaint' in writing and head it 'Formal Complaint' and state everything that has happened down to broken promises of the housing association and send it to their FAO Chief Executive (check housings website for chief executives full name)

[stuggling]

ok will do thank you im doing to tomorrow even thoe they closed till the court date on the 4th but will send recorded thank you again

[stu007]

Hi

 

Remember just to state the facts in your letter also request copies of the following so you can read for yourself:

 

1. Complaints Procedure.

2. Repairs Policy/Procedure (you want both).

3. Arrears Policy/Procedure (you want both).

 

I would also point out that you felt forced to move as the housing association was proceeding with eviction even though you were trying everything you could at the time to resolve this but were consistantly block by the housing association.

[stuggling]

brill thank you will sort it all tomorrow on the main pc and get it sent over to them and hope to get it sorted asap ! thank you for your help

[stuggling]

ok so ive tried to get hold of everyone one in regards to this and just not getting anywere national debt line not open till 2nd/3rd jan and the ha office is the same and the courts !!

 

i have been going through the papers over and over and before my partner lost his job in oct 09 the rent was getting paid and the arrears were as well, but then it took till dec1st for housing benefit to be paid and they only paid 4 weeks worth the arrears befor my partner lost his job were 302.73 then when it came to benefit being put through it shot up to 1009.84 and they only paid 442.42 taking to too 567.47 and then the benefit and money taking out of our jsa to pay it, my partner started work on the 17/03 and the housing benefit stopped on the 8/03 and asked us to pay 1 week back to them for what we owed again they believed my partner had started earlier but we proved all this was wrong but still nothing.

 

my partner did not get a high wag in april and we just had enough to live on so i told this to ha and they wanted us to pay the weekly rent and 100pcm a month to clear arrears we couldnt not afford this but that was minimum that they would take, we couldn't keep to this so i paid as much as we could a month to pay them and then proplems starting getting worse we had asked them on several occasions with a health visitor to remove items and pest and to clear the mould and replace damage property that had been damaged by mould but they wouldnt.

 

we found a house and moved i told them this and that when they re-open in jan i would have an amount i am able to pay pcm to cover arrears but they said the courts will deal with it,

 

on the court papers it says defendants

 

me and partner ( thos his name is not signed on the tenancy agreement his named as living there with our 2 oldest children)

 

it will be heard on the 5th jan at 10am

 

it said the claimant it claiming possession of the property and under it said the claimant will also be making a claim for money.

 

we had a letter of them for there welfare rights team and have contacted them on several occasions but nothing!!

[stuggling]

anyone able to help, got to be at court on 5th and with 4 children as partner not able to take time off

[stuggling]

Any help with what to do about court will be very grateful thank you x

[stuggling]

I'm ment to go to court on thursday but unable to due to childcare and can not afford the travel,

 

The action is for rent arrears of a HA property, the papers say it is a claim for possession of property and the claimant will also be making a claim for money.

 

they have said that me and my partner are the defendants, and that the premises are let to the defendants on such a date.

 

1) what do i do about court as i can not attend and im worried about this

2) my partner is not named on the tenancy as a tenant and has not signed anything with them ever!! he is down as a person living there with my two eldest children

3)due to mould in the property it damaged goods and my husband developed a skin disease after taking old broken slates/tiles which were later informed may have contained asbestos i do have pictures of the mould and damage

 

please can anyone help ive tried all the CAB and national Debt line but are closed till tomorrow i have since moved out of the property and go to give the keys in tomorrow as they were not open today

[honeybee13]

Hello there. I've merged your two threads, which could help the people trying to advise you.

 

My best, HB

[stuggling]

thank you

[mariner51]

You should try and attend the hearing in person and state your case. Partner or friend/relative could look after kid for 1 day. as you have vacated and about to return keys, the repo order will be a legal formality. There remains unpaid rent. If you accept/deny the claim then say so with details/evidence. 'I couldn't afford it' is unlikely to invoke sympathy, ' wasn't aware rent was owing and HA failed to provide details' may.

If HA wins, it is likely they will add Court fees to your debt. If you are present you can request scheduled payments, say at £5 / wk/ |If you default on any repayment the full debt may become immediately repayable and the CCJ may be registered against you.

If the case is dismissed yu should be able to reclaim your reasonable travel costs to Court.

If you do not attend, then case will proceed to your poss detriment.