Hello.. I need help with a suspended possession order

[zenstar]

Hello everyone,

 

I'm sorry I've posted this topic in this forum, for some reason I was not allowed to post in the home possession forum.

 

My mum was taken to court about 4 years ago for falling behind on rent as she was out of work and ill, and was given a suspended possession order and to pay about £3 on top of our usual rent. Since then, we have always paid on time and there hasn't been a problem, until this year.

 

They upped the rent to double the amount for some reason & My mum has become really ill this year and literally has daily visits to the hospital so money has had to go elsewhere, we didn't want to do this but had no choice.

 

Anyway, they have sent a letter saying if we do not pay £58.91 plus the doubled rent in seven days, we are out! I'm planning to call the council in an hour, but my mum is heartbroken and I just don't know what to do.

 

Is it really that easy to throw us out? We haven't done it on purpose, and do not want to go back to court. Is there any way around this?

 

Thank you so much for any help, and I am sorry if I messed up the post.

 

Mel x

Edited August 9, 2012 by citizenB
formatting

[cerberusalert]

Moved to the Repossessions forum.

[citizenB]

You need to explain all this to the Council when you telephone them. If you let us know what they say when you speak to them, we can then advise further.

[Conniff]

Did you visit the court with your mum 4 years ago? if so you will have noticed that is isn't a proper court but you sit around a table so it's not really that scarey.

The council can't now just come along and say 'time to go', they have to go back to the court and you really should be there in person. The judge isn't on the councils side especially if there is a genuine reason why you are having problems.

 

If you write down what has happened and your income and expenditure, present that to the judge, he will be able to see exactly what is going on and will help if he can.

[Ell-enn]

I'm not too well informed on rent problems but we have a rep from Shelter here on the forums. I will try and contact them - they are very knowledgeable about rental housing problems.

[Lea_HTH]

Presumably by now you've spoken to the council and have everything resolved. Keeping in contact with your landlord is obviously important and if they had been informed your mum had health problems this would have encouraged them to deal differently with the case in the first place...though they would still expect the rent plus an amount towards the arrears.

 

If your mother is in ill health and unable to work, she may be entitled to housing benefit - or a higher rate of HB if she is already receiving it.

 

With regards to a suspended possession order - a poster above said the council would have to take your mum back to court to get possession, but this is not the case. They would merely have to request a warrant of execution for the SPO, which is a paper based exercise, after which a notice of eviction would be given to your mother. It would not be game over at that point however as your mother could make a stay application to the court to get a hearing before a judge where she could explain her situation.

 

In any event, I suspect the council will have been somewhat understanding of your mother's current situation and will have discussed her options with her.