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Court for rent arrears.

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One court appearance was adjourned. Council are returning to court because they claim I have not made regular payments but I have. Will the council have to re-issue the summons and how much time should that be between that and the court date ? I am concerned as I am on holiday at the beginning of the year..

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contact shelter, they mau be able to help, and attend at court.

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One court appearance was adjourned. Council are returning to court because they claim I have not made regular payments but I have. Will the council have to re-issue the summons and how much time should that be between that and the court date ? I am concerned as I am on holiday at the beginning of the year..

 

If the appearance was adjourned - under what grounds? Usually it will be because the judge wants more info before making an order - for instance, was it adjourned to see if you would stick to the payment arrangement or something else, like waiting for a HB claim to be sorted?


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I have moved to repossession forums, I think legal advice is required.


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One court appearance was adjourned. Council are returning to court because they claim I have not made regular payments but I have. Will the council have to re-issue the summons and how much time should that be between that and the court date ? I am concerned as I am on holiday at the beginning of the year..

 

If your in breach of a previous of a suspended possession order and council are going back to court,your going to lose your Home !

Cancel you holiday and sort out your arrears 1st.

Keeping a roof over your head is more important than a Holiday.

 

I have moved to repossession forums, I think legal advice is required.

 

Rent arrears,I was thinking this one ?

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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If your in breach of a previous of a suspended possession order,your going to lose your Home !

Cancel you holiday and sort out your arrears 1st.

Keeping a roof over your head is more important than a Holiday.

 

 

Rent arrears,I was thinking this one ?

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

There is no suspended possession order..

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There is no suspended possession order..

 

So why are they going back to court then or is this to do with

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?308421-Lost-tenancy-agreement&p=3440420&viewfull=1#post3440420

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363980-Tenancy-agreement-on-garage&p=3966950&viewfull=1#post3966950

 

Home or Garage ?

 

A bit more detail in you post and people will be able to advise you ?

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Presumably the hearing was adjourned on terms. Such terms being that you meet the current rent plus an amount towards the arrears. Failing to keep to that agreement will result in the adjourned hearing being restored. It is a paper exercise by the local authority to the court and a hearing will be issued as soon as a date is available - depends on how busy the local court is.

 

If, as you claim, you have made regular payments and on time, then you have nothing to be overly concerned about - you can take along a copy of all your payment receipts. If you haven't made payments regularly and on time, then the local authority will this time be seeking, at least, a suspended possession order on terms - which means yet again, that you will need to meet the current rent plus an amount towards the arrears. Only this time, if you don't make those payments regularly and on time, the local authority can proceed to get a warrant of execution, and you will receive a notice of eviction from the bailiffs with a date and time at which you will have to vacate the property (stay application could be made).

 

Have you actually met the terms that were set in court?

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Presumably the hearing was adjourned on terms. Such terms being that you meet the current rent plus an amount towards the arrears. Failing to keep to that agreement will result in the adjourned hearing being restored. It is a paper exercise by the local authority to the court and a hearing will be issued as soon as a date is available - depends on how busy the local court is.

 

If, as you claim, you have made regular payments and on time, then you have nothing to be overly concerned about - you can take along a copy of all your payment receipts. If you haven't made payments regularly and on time, then the local authority will this time be seeking, at least, a suspended possession order on terms - which means yet again, that you will need to meet the current rent plus an amount towards the arrears. Only this time, if you don't make those payments regularly and on time, the local authority can proceed to get a warrant of execution, and you will receive a notice of eviction from the bailiffs with a date and time at which you will have to vacate the property (stay application could be made).Have you actually met the terms

that were set in court?

 

Thank you for your reply. I beleve the terms have been met by myself. I Will contact the council over the holiday. How soon is it likely that another hearing would take place, for instance how much notice would I get..

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http://www.consumeractiongroup.co.uk/forum/showthread.php?367237-Do-local-authorities-read-these-threads&p=4000621&viewfull=1#post4000621

 

Presumably the hearing was adjourned on terms. Such terms being that you meet the current rent plus an amount towards the arrears. Failing to keep to that agreement will result in the adjourned hearing being restored. It is a paper exercise by the local authority to the court and a hearing will be issued as soon as a date is available - depends on how busy the local court is.

 

If, as you claim, you have made regular payments and on time, then you have nothing to be overly concerned about - you can take along a copy of all your payment receipts. If you haven't made payments regularly and on time, then the local authority will this time be seeking, at least, a suspended possession order on terms - which means yet again, that you will need to meet the current rent plus an amount towards the arrears. Only this time, if you don't make those payments regularly and on time, the local authority can proceed to get a warrant of execution, and you will receive a notice of eviction from the bailiffs with a date and time at which you will have to vacate the property (stay application could be made).

 

Have you actually met the terms that were set in court?

 

I wonder what this is to do with reading OP previous threads Home or Garage or both ?

 

Thank you for your reply. I believe the terms have been met by myself. I Will contact the council over the holiday. How soon is it likely that another hearing would take place, for instance how much notice would I get..

 

Perhaps you should cancel your Holiday then just encase the hearing is same time as your Holiday !

Edited by 45002

Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Perhaps you should cancel your Holiday then just encase the hearing is same time as your Holiday !

 

If I was to do that and I had already met the terms of the court would I be able to claim costs as this would be just wasting the courts time..

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If I was to do that and I had already met the terms of the court would I be able to claim costs as this would be just wasting the courts time..

 

No.

 

Either you have met the terms of the adjournment or you haven't. You said 'I believe I have', which is manifestly different to 'I definitely have', and most people would know the difference between the two.

 

Have you met the terms of the order; yes or no. Have you paid every single payment when it was due, on time and according to the terms of the order: yes or no. If not, they have grounds for a suspended possession order, and depending on the amount of the arrears perhaps an outright order.

 

Your holiday isn't important if you haven't met the conditions you were told to meet. The roof over your head is far more important. In addition to that, if you haven't met the conditions the court adjourned on, and you attempt to get any hearing moved, the court may adversely infer from the fact you were able to take a holiday and yet not pay your rent.

 

With regards to how soon the hearing will take place and how much notification you'll get - how long is a piece of string? As I said in my initial response, it depends on how busy your local court is, and when precisely the local authority applied to have a new hearing date.

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And I forgot...you'll have to pay their fixed costs too if an SPO is awarded against you...and the costs of the previously adjourned hearing.

 

When was the last hearing?

How much were your arrears at that stage?

How much is your current rent?

Are you in receipt of housing benefit?

Were you given a specific date/time by which to make payments? I.e. on the day the rent was due?

What does the actual order from the court say?

Is this a residential property?

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A mistake I've seen some people make is that they are making additional payments as per agreement, but there is an issue with a housing benefit claim - for instance it not being sorted yet, there being overpayment recovery made, or service charges not covered - all of which leads to more arrears building up.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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If you mentioned "holiday", the thought train maybe along the lines if they can afford a holiday, they can afford higher payments and why weren't we told of the change of circumstances? Be careful not to open a can of worms.

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If you mentioned "holiday", the thought train maybe along the lines if they can afford a holiday, they can afford higher payments and why weren't we told of the change of circumstances? Be careful not to open a can of worms.

 

OP could always there credit card to pay off any rent arrears !

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?373701-Booking-holidays-on-internet&p=4057666&viewfull=1#post4057666


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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