Housing Assoc; Eviction self representing

[gran'ma67]

Hello there ,

 

Hopefully in the right place ? I would really appreciate any advice re: Eviction. I assume the property I am renting is not privately owned, and is owned by a HA..... I did a mutual exchange from a Council property to HA and was only given a sparsely worded Tennancy Agreement and known as the Assignee.

 

Any way cut a long story short, I was taken to court in 2009 for rent arrears £1,000. approx and ordered to pay £20. wk on top of rent. Subsequently, I managed to lower the arrears owed to £84. in 2 yrs, despite recieving £10.17 mth HB, on part-time wages, and £700. per calendar mth rent charges!

 

I was refused HB and an AOE was placed on my wages as I worked for the Local Authority. The Bursar failed for 4 mths to deduct this & to inform me that I had been on BR Tax for the previous 2 yrs. She had also been underpaying P/T staff for the 7 yrs she was there !! She disappeared off shortly after.

 

This left me with even more debt owed to the Local Authority and HA.

 

I was then sacked from my job with the Local Authority (school) in May this yr, have not received my P45 and have been unable to claim benefits, or HB. I have been in touch with CAB, Legal Advisors, Legal Aid Solictors and the Council to understand why so many problems....but to no avail.

 

Went to Court and had it set aside for evidence....These being repairs....

a) 20 yr old Gas Boiler with obsolete parts,

b) 6 yrs of requests for kitchen repairs,

c) Substantial cracks to ceiling running through to next door from 4 yrs ago,

d) Cracks to outside of property walls,

e) Uneven and dangerous patio slabs in garden above 3 inches,

 

My current arrears seem to be £3,400 approx now, although this is disputed with my own calculations and differing rent statements recieved from HA....(have ALL receipts and logged payments since 2010), including photos of repairs....

 

Unfortunately, have to represent myself as I cannot get any Legal help whatsoever, and was asked if I had "upset" anyone in Council....NO not that I know of, but have an uncomfortable history with them....

 

Ideally I would like the repairs carried out and the arrears reduced or cancelled, on the grounds that I have been constantly badgered with calls, texts, threatening letters (re court and Judge not denying eviction) sarcasm of "austere times", all of which have been logged in my diary.....can anyone advise or suggest my chances of succeeding ?

 

Thankyou.

[Lea_HTH]

What did you have 'set aside for evidence'? Unfortunately that makes no sense in relation to a legal judgment in relation to the rest of what you have written.

 

Is there a suspended possession order on the property?

Have you returned to court because you were served with a notice of eviction?

Did you raise the issue of disrepair at that hearing and the judge adjourned the case for you to provide evidence?

What does your tenancy agreement state regarding maintenance of the garden?

 

You are not going to get the arrears reduced or cancelled on the basis of 'badgered with calls, texts, threatening letters, sarcasm' or anything else that can be explained away as contacting you regarding your arrears.

 

You may succeed in getting a reduction in the arrears for living with disrepair, but the amount claimed will need to be properly assessed, and for that you will need the assistance of CAB, a law centre or a solicitor. I would not suggest you try to do it yourself.

[gran'ma67]

Hi Lea_HTH,

 

I did reply but think I did it wrong... any how... was taken court first of for rule 8 & 9 i think but this time rule 10 of Housing, was told that the first hearing had SPO by HA. Judge questioned HA regarding that, and looked through my dated paperwork re requests for repairs and questioned that also.

 

Managed to delay eviction for another hearing to submit evidence of rent paid (reciepts kept) photos and letters regarding repairs outstanding.

 

My tenancy is on single piece of paper only and says "Assignee and arrears"etc: Nothing whatsoever written for upkeep of premises or garden, although I have managed to do my best with what I have.....

 

I did read on a housing law website, that councils and HA have been known to "harass" tenants into eviction to avoid paying out on the repairs. I read a court hearing transcript for my own HA with regard to that same matter as I find myself.

 

I have tried CAB,Law 4 All, 3 Law Centres, Local Authority, Racial Equality Centre, at least 10 Legl Aid solicitors, even the local MP but to no avail.

 

Obviously, I do not wish to represent myself, but clearly had no choice but to when the eviction came through, my thinking was to challenge it to delay the matter and hopefully get the Judge at least to listen.

 

I am also without a p45 from my former employer (local school) and this in turn has had an impact to my paying rent. I also failed to receive my last months wages also....

 

I can only try to get something done even if it is a reduction of the arrears.....I was looking for some guidance whether in my favour or not and some input is better than none.

 

Reduction of rent and "amount claimed will need to be properly assessed" offered by yourself was helpful and gives me a little hope......