possession claim hearing

[peacheylesley]

The landlord is taking me to court this wednesday coming for possession of my home due to rent arrears. these arrears happened due to the housing benefit payments being completely mucked up

by benefits office. It has now been sorted and I have offered to pay extra ontop of the benefits payment

to pay off the arrears. I cannot attend the hearing as I have just had major surgery and cannot go out. I have sent all my papers to the court and also told them that the LL cancelled the deposit protection 1 month after I signed my last tenancy agreement and never renewed. and i want to claim for compensation for this. I also have told them how the LL has been harrassing me by turning up whenever he feels like it and ignored a letter I sent him. He has also lied to his solicitor about the circumstances of the arrears and said he new nothing of my circumstances, I kept him informed througth the whole time. I want to leave this property as it was him that made me ill in the first place but need to stay until the end of october. I have written to the court telling them all this and also not to

penalise me for not being there and to be fair to me.

 

Will me not being there make any difference, I really cannot go as i have had heart surgery.

plse advise.

 

 

willo be fair to me.

[Lea_HTH]

It is always preferable to turn up to a court hearing.

 

Do you have someone you can send on your behalf? You'll need to give them a letter authorising them to attend the hearing. They may not be granted permission to speak, but they could be your ears at the hearing and report back on what happened on the day.

 

If HB 'mucked up' your housing benefit payments, why, when it was resolved, were the arrears not cleared? It doesn't make any sense if it was a HB issue for there to continue to be arrears once HB has been resolved...ergo there must have been something else at play there.

 

How much are the arrears? What grounds has the LL claimed under (the particulars of claim, plus your notice should inform you of this.

[peacheylesley]

It is always preferable to turn up to a court hearing.

 

Do you have someone you can send on your behalf? You'll need to give them a letter authorising them to attend the hearing. They may not be granted permission to speak, but they could be your ears at the hearing and report back on what happened on the day.

 

If HB 'mucked up' your housing benefit payments, why, when it was resolved, were the arrears not cleared? It doesn't make any sense if it was a HB issue for there to continue to be arrears once HB has been resolved...ergo there must have been something else at play there.

 

How much are the arrears? What grounds has the LL claimed under (the particulars of claim, plus your notice should inform you of this.

 

No i dont have anyone who can go for me. The court knows my circumstances. The HB was stopped when i went into hospital and has only just started again, they have said that it shouldnt have been stopped but wont back pay the arrears all at once as it is £3250 but will pay extra each payment until it is paid off. As i said i have had so much harrassment from rhe LL i just want to find somewhere new to live but need until end of october. Also there is the deposit protection that he cancelled back in march.

[Lea_HTH]

Whoever said they won't pay it back all at once is talking absolute nonsense. In your first post you said you wanted to make an arrangement to repay the arrears...

 

3250 sounds like it might be more than 8 weeks rent, in which case if your LL is claiming under s8, grounds 8, 10 and 11 (you neglected to state even though I asked), then he will get a possession order whether you are present or not. If the arrears are under 8 weeks, then the judge can use his discretion.

[peacheylesley]

Whoever said they won't pay it back all at once is talking absolute nonsense. In your first post you said you wanted to make an arrangement to repay the arrears...

 

3250 sounds like it might be more than 8 weeks rent, in which case if your LL is claiming under s8, grounds 8, 10 and 11 (you neglected to state even though I asked), then he will get a possession order whether you are present or not. If the arrears are under 8 weeks, then the judge can use his discretion.

 

sorry yes it is s8 grounds 8 10 and 11. And it is 3 month. Yes when i said i would pay off the arrears each payment i was talking about the HB paying not me personally. I know that he will get the order i am just worried about how long he will give me especially as at the moment i cannot go out. Also what about the non protection of my deposit, i know it is illegal to not protect it do you think i will get compensated i need the deposit for a new property.

[mariner51]

Peachey, it would be advisable if you could attend Court hearing in person if at all possible and not against Drs advice. Otherwise get your Cons/Dr to write to Court explaining absence.

As you surmise repo order is a foregone conclusion with >£3k rent owing but it is Judge's decision how long to suspend the Order (max 56 days). He may not be able to award penalty for deposit non-protection at this hearing.

Deposit protection is not a requirement for a s8 hearing, unlike s21. I doubt Judge will be impressed that HB dept appears to have created the situation by suspending HB payments for your hospital stay. Was the surgery planned (elective) or not?

HB dept will not talj to LL about your HB claim status, unless you have provided him with a DPA waiver.

He can only request that HB is paid direct to him by virtue of rent owing, in whicj case he may have been informed that your claim had been suspended, with no reason given,

Whether or not HB is payable, T is resp for full rent on date due to LL.

I would be concentrating my efforts on HB dept decision to pay suspended back claimin instalments, leaving you at rislk of repo, letter to MP & local ward Cllrs.

As for unprotected deposit, what financial loss have you incurred to date?

[Lea_HTH]

The judge has discretion to deal with the deposit claim at the possession hearing if he/she so chooses. However, any monies awarded will be used to off-set the arrears, so you probably won't see it.

 

The maximum that the judge can give you for possession is 42 days - and this only in circumstances where there may be exceptional hardship, which is quite difficult to prove, particularly if you are not in court to state your case. It is far more likely that a 14 day order will be made - though if you have already provided proof of your surgery and your recovery time, the judge will definitely take that into consideration. If you haven't done so, get your GP to write you a note that you can send to the judge by the hearing date..

 

That said, judges are reluctant to make possession orders, even on ground 8, when the issue has arisen via a housing benefit mishap. If you have proof that HB have stated they will repay the arrears but only via a small amount per week/month however it is paid, then you should point this out to the judge (hence the need to attend). If there is no proof, because paying outstanding HB in that way is not the standard, it is unlikely the judge will believe it to be true.

[peacheylesley]

The judge has discretion to deal with the deposit claim at the possession hearing if he/she so chooses. However, any monies awarded will be used to off-set the arrears, so you probably won't see it.

 

The maximum that the judge can give you for possession is 42 days - and this only in circumstances where there may be exceptional hardship, which is quite difficult to prove, particularly if you are not in court to state your case. It is far more likely that a 14 day order will be made - though if you have already provided proof of your surgery and your recovery time, the judge will definitely take that into consideration. If you haven't done so, get your GP to write you a note that you can send to the judge by the hearing date..

 

That said, judges are reluctant to make possession orders, even on ground 8, when the issue has arisen via a housing benefit mishap. If you have proof that HB have stated they will repay the arrears but only via a small amount per week/month however it is paid, then you should point this out to the judge (hence the need to attend). If there is no proof, because paying outstanding HB in that way is not the standard, it is unlikely the judge will believe it to be true.

 

i would be more than happy for the arrears to be paid by the claim. If he gives a 14 day order then i am stuffed. I have no where to go and at the moment cannot go out. I have written to the judge asking for a bit of compassion and said i want to move but need a bit of time.

[mariner51]

Have you counterclaimed for non-protection of deposit? If not, it may not get considered as not requirement for s8 process.. If LL attends, he may persuade Judge he mistakenly used deposit for rent when rent payments dried up. Hence he may avoid penalty or receive lower end penalty of 1x, not 3x, so rent arrears will not be covered and you may end up with CCJ against you and other recovery action.

Writing to the Judge asking for time & compassion, unlikely to work unless you attend. Judge will have heard it all many times before.

Concentrate on getting HB arrears sorted. Shelter have web page about entitlement during hospital stay.

Sorry about misleading 56 days earlier, I was thinking about motoring timescales at time?

[peacheylesley]

Have you counterclaimed for non-protection of deposit? If not, it may not get considered as not requirement for s8 process.. If LL attends, he may persuade Judge he mistakenly used deposit for rent when rent payments dried up. Hence he may avoid penalty or receive lower end penalty of 1x, not 3x, so rent arrears will not be covered and you may end up with CCJ against you and other recovery action.

Writing to the Judge asking for time & compassion, unlikely to work unless you attend. Judge will have heard it all many times before.

Concentrate on getting HB arrears sorted. Shelter have web page about entitlement during hospital stay.

Sorry about misleading 56 days earlier, I was thinking about motoring timescales at time?

 

i have decided to go to court i dont want him to lie and get away with it. I dont know how long i will last though but at least the judge will see i have tried. I know the LL has not used the deposit as i have the last 4 months listed. Do you think me being there will make a difference. I would like someone to speak for me, will there be anyone at the court i could ask.

[peacheylesley]

Have you counterclaimed for non-protection of deposit? If not, it may not get considered as not requirement for s8 process.. If LL attends, he may persuade Judge he mistakenly used deposit for rent when rent payments dried up. Hence he may avoid penalty or receive lower end penalty of 1x, not 3x, so rent arrears will not be covered and you may end up with CCJ against you and other recovery action.

Writing to the Judge asking for time & compassion, unlikely to work unless you attend. Judge will have heard it all many times before.

Concentrate on getting HB arrears sorted. Shelter have web page about entitlement during hospital stay.

Sorry about misleading 56 days earlier, I was thinking about motoring timescales at time?

 

also the HB has been sorted and monthly payment was paid direct to LL today. Should i take the paperwork from HB with me

[raydetinu]

Suggest you contact Shelter asap they will help with your court dealings and may even send somebody along to help you;

please contact them - 0808 800 4444

[peacheylesley]

I have been ringing the number you have given me for shelter but cannot get to speak to anyone, i really need someone who knows about this to be with me

in court, I am not well enough to do it myself. all the paperwork is done and has been submitted so it is just bringing them up to speed and help me by

speaking for me, any other ideas.

[Lea_HTH]

There may be a duty solicitor/duty adviser at court who can assist you if you are unable to gain access to Shelter. Alternatively you could try to contact CAB who may have someone who can attend with you.

 

It is good that you are going to court. Take along medical proof of your illness, your stay in hospital and most importantly any proof regarding Housing Benefit stating that they are going to pay in dribs and drabs (this is absolutely wrong and any payment should be made as soon as it is assessed, particularly for back dated claims).

 

Try not to get yourself into a state (I know that is probably very difficult given your circumstances), but if you can show the judge that the arrears arose due to your hospital stay and that HB have accepted that you are owed that money, the judge should adjourn so that HB can pay the money you are owed more quickly. It would be preferable if you had someone with you, but judges are used to dealing with litigants in person, so even without an advocate you should be all right.

 

If you are present, you should inform the judge that if he decides to make a possession order that you would like him to take exceptional hardship into consideration in respect of the fact that you have just had surgery and require some time to recover. He may extend it to the full 42 days, but he can give any amount up to that period if you have medical proof. Do not be shy to ask him. If the worst comes to the worst and he orders possession in 14 days, it is likely that the court bailiffs won't be available for another two or three weeks after that date, so you won't get the notice of eviction for a while after the actual possession date (you do not have to move out on the day of the order - but once the notice of eviction arrives, you should move...unless you have not had the aforementioned 42 days, in which case you could make a stay application).

 

Mariner: 56 days is the maximum for mortgage possessions.

[Lea_HTH]

I take it you're not in the London or M25 area?

[raydetinu]

try this and enter postcode:

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

for local advise.

[peacheylesley]

I take it you're not in the London or M25 area?

 

i am in romford essex

[Lea_HTH]

There is a duty advice scheme run by the local CAB at Romford CC.

[peacheylesley]

Thank you so much for that. I have got all the paperwork that i have at home together and the letters from the HB saying how much they are paying and when.

I am going to ask the duty solicitor to speak for me on wednesday and hopefully I will get a bit longer than the 14 days. I think my circumstances warrant

exceptional hardship and will give me time to find somewhere new. I eventually spoke to shelter, they dont have anyone to go to court with me but they did

explain about the deposit protection scheme. they said the LL did not have a leg to stand on regarding this and I would probably be awarded 3x rent in compo.

 

I know i should not be putting myself in danger of a relapse but i think i will be better at the court than sitting at home wondering. and at least i will have someone with me i hope. i thought that when the date was given for the order i had to get out then but i feel a little better knowing that even after that date if the judge says 14 days i will probably have another 2 to 3 weeks grace.

[Lea_HTH]

Shelter are wrong to say that you will 'probably be awarded 3x the deposit' - plus it's not 'compensation', it's a penalty payment for the LL. It is far more likely, dependent on whether the judge feels the LL acted reasonably or not, for the penalty to be at the lower end of the scale. If the LL is a multiple-property LL the award is likely to be higher than if it is a LL with only one or two properties. So don't raise your expectations too high at this stage.

 

I would suspect that your circumstances constitute exceptional hardship - medical issues often do count - however make sure you provide actual proof from your GP/Consultant with regards to this as it is less persuasive if you just say it.

 

Good luck.

[peacheylesley]

Shelter are wrong to say that you will 'probably be awarded 3x the deposit' - plus it's not 'compensation', it's a penalty payment for the LL. It is far more likely, dependent on whether the judge feels the LL acted reasonably or not, for the penalty to be at the lower end of the scale. If the LL is a multiple-property LL the award is likely to be higher than if it is a LL with only one or two properties. So don't raise your expectations too high at this stage.

 

I would suspect that your circumstances constitute exceptional hardship - medical issues often do count - however make sure you provide actual proof from your GP/Consultant with regards to this as it is less persuasive if you just say it.

 

Good luck.

 

thank you. The LL has 6 properties that i know of all in the same area so who knows what he will get. I thought it was a penalty payment not compo. I thought shelter knew what they were talking about.

Thank you again