Housing Association trying to evict me for rent arrears

[00765]

Not sure if this is the correct forum, if not I hope it will be moved to thecorrect forum.

 

I received court papers last Monday stating that the Housing Associationwhom I rent from, wish to evict me and my child from our flat due to rentarrears of £6,000 + and that I must attend court on 18 January 2013.

 

I desperately need help in finding out if I can successfully defend thiscourt action against me.

 

Basically I was on work related illness for almost nine months, during whichtime my employer essentially stopped paying me my salary until October 2012when the dispute was finally resolved and I was able to return to work.

 

My rent is £878 pm & I earn £1,400. I received no pay for about 7 months& ie could not pay my rent. I did however make at least token payments of£200 where I could. When I tried to explain this to the HA about four monthsago, they told m to go claim HB or leave. I did not want to start filling inendless HB intrusive forms only to find that I would probably be returning towork, so just got some financial help from family members, to assist in buyingfood for my child & I. When I received the court papers last wk, I againrang the HA & told them that I am now back at work, can I pay full rent +about £50 extra to reduce rent arrears, they said they want at least £3,000before they would even consider an arrears repayment arrangement. I barely have £100 once my rent and all billare paid each month. I do not have £3,000. So the court case will proceed. Mychild have nowhere to go if we are evicted.

 

Can I defend the case.

[stu007]

Hi

 

From what you have written I assume you did not have a payment plan in place with the housing association.

 

Have you recieved any correspondence from them before the court letter about contacting them to sort out the arrears.

 

Have you actually been offered a payment plan?

 

Does your housing association by any chance have a welfare rights officer?

 

You really need to either speak to CAB or better Shelter.

 

Which housing association? to see what I can dig up for you but you dont need to name if you dont wish too.

 

Remember rent is a priority debt to pay and if at the moment you can show willingness to pay the rent as you have pointed out to them by offering the rent+extra to pay arrears, put the offer in writing (always get proof of posting and keep a good paper trail). you showing williness to pay helps in court especially if they are refusing your offer at least you have shown you want to pay.

Edited December 26, 2012 by stu007

[LaughingGirl]

Definitely get in touch with Shelter at this point, as they may be able to assist you with court, or even have someone available to represent you.

 

Why did you receive no pay for seven months?

 

EDIT: Sorry, I somehow completely missed the paragraph about being on sickness for nine months.

 

You say you returned to work in October...did you contact the HA to tell them at the time, or did you wait until you received the court papers? Have you been paying full rent since then?

Edited December 26, 2012 by LaughingGirl
Missed information

[citizenB]

I have moved your thread to the correct forum, although it does look as though you have been given some sound advice already

 

Yes, I would be inclined to contact Shelter - they are not just for homeless queries, but have a dedicated department for your type of situation.

 

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

[45002]

Not sure if this is the correct forum, if not I hope it will be moved to thecorrect forum.

 

I received court papers last Monday stating that the Housing Associationwhom I rent from, wish to evict me and my child from our flat due to rentarrears of £6,000 + and that I must attend court on 18 January 2013.

 

I desperately need help in finding out if I can successfully defend thiscourt action against me.

 

Basically I was on work related illness for almost nine months, during whichtime my employer essentially stopped paying me my salary until October 2012when the dispute was finally resolved and I was able to return to work.

 

My rent is £878 pm & I earn £1,400. I received no pay for about 7 months& ie could not pay my rent. I did however make at least token payments of£200 where I could. When I tried to explain this to the HA about four monthsago, they told m to go claim HB or leave. I did not want to start filling in endless HB intrusive forms only to find that I would probably be returning to work, so just got some financial help from family members, to assist in buyingfood for my child & I. When I received the court papers last wk, I againrang the HA & told them that I am now back at work, can I pay full rent +about £50 extra to reduce rent arrears, they said they want at least £3,000before they would even consider an arrears repayment arrangement. I barely have £100 once my rent and all billare paid each month. I do not have £3,000. So the court case will proceed. Mychild have nowhere to go if we are evicted.

 

Can I defend the case.

 

 

 

Definitely get in touch with Shelter at this point, as they may be able to assist you with court, or even have someone available to represent you.

 

Why did you receive no pay for seven months?

 

EDIT: Sorry, I somehow completely missed the paragraph about being on sickness for nine months.

 

You say you returned to work in October...did you contact the HA to tell them at the time, or did you wait until you received the court papers? Have you been paying full rent since then?

 

I was wondering that too

---------------

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?250609-Mortgagesplc-harassing-me-amp-want-to-repossess-my-house&p=2811463&viewfull=1#post2811463

 

 

00765

 

May I ask do you have any saving at all or own any property at all !

 

 

Edited December 26, 2012 by 45002

[Lea_HTH]

To answer your question 'can I defend this?', you'll need to state under which grounds the HA are claiming possession.

 

You will have been served notice before court proceedings were started - what does the notice state? Is it a s8, and if yes, under what grounds are they claiming - does it make reference to grounds 8,10 and 11? If not, are they claiming under ground 1 of Schedule 2 (unlikely but just checking)? The difference is material.

 

If you do not have the notice, then look at the court paperwork - check the particulars of claim and look in section 4 - does it make reference to the grounds claimed?

 

In addition, your rent sounds extremely high for social housing - and I am wondering if in fact you have been housed by the HA but via a private rental on an assured shorthold tenancy. Kindly clarify.

Edited December 26, 2012 by Lea_HTH

[caro]

I thought the rent sounded high unless it's what's known as Intermediate Rent which is set at 80% of normal market value. What sort of property is it and what part of the country?

 

To be honest it's unusual for arrears to be allowed to get so high.

Edited December 26, 2012 by caro

[00765]

Yes the HA had an estate agent find tenants for them about three yrs ago. Yes I'm on an assured shorthold tenancy which if you can afford it you could purchase from this yr

 

Because my rent is almost £900 the arrears built up very quickly

 

No property just huge debts left right & centre

[Lea_HTH]

If you want accurate assistance, kindly answer the questions you were asked about the grounds.

[caro]

I believe this is probably intermediate rent which explains why it's so high.

[00765]

I received court papers which do not mention grounds 8, 10, or 11. I received an N5 form N119, N11R an N7A & EX370 & EX104.

 

The letter from the HA states that they are seeking one or more of the following for rent arrears

1. suspended posession order,

2. Outright order of possession,

3. a money order,

4. an adjournment,

5. an adjournment with liberty to restore proceedings,

6. Court costs.

 

The letter also asked me to contact the HA ( which I did last week and have done so three times previously) but they refused my explanation and offer of repayment.

[45002]

Are you working now or in receipt of benefits JSA,ESA,HB or something else ?

[Lea_HTH]

We will get there a lot quicker if you just answer the questions: I am repeating them below - if you want accurate assistance, answer them and do not give any further information at this stage as it needs to be established what the baseline for the claim is.

 

1. What notice was served on you? The notice itself will state the law relied on.

2. What do the particulars of claim state under section 4c - or anywhere amongst the particulars...it might be a witness statement instead? It will state what law the claim is being made under.

3. When did your AST start; what does your tenancy agreement state is the start date and the end date of the agreement?

[stu007]

Hi

 

I have to agree with Lea_HTH we will get their a lot quicker if you answer the questions asked - we need to establish the facts to be able to give you the best advice to help you.

 

Could you please answer what I asked in post#2

 

Also could you confirm exactly whether the property is private rented via HA and not Shared ownership via HA?

 

Some things you may need to request in writing from HA:

 

1. Arrears Policy and Procedure.

2. Customer Service Standards.

3. Rent Account Statement.

 

their may be others but without the facts will be hard at the moment to advise further

Edited December 26, 2012 by stu007

[Lea_HTH]

What is in post 2 is irrelevant until it is established what type of tenancy it is, what length, and whether or not the HA are claiming under mandatory or discretionary grounds.

 

And of course, no offence is intended with the above - it's just that OP needs to focus on the facts in order that accurate advice can be given. Original question was 'can I defend this?' - the answer of which if, subject to mandatory grounds, will be 'no'...if not, it'll depend.

[00765]

yes the HA contacted me before the court papers arrived & i contacted them but they refussed my offer for repayment

 

No I have not been offerred a repayment plan

 

Don't no if they have a welfare rights officer will have to call when they are back at work

 

I've repeatedly tried to call btieh CAB & Shelter & I either get a recorded machine given general advice or the phone rings off the hook.

 

Once i had some money about two months ago i paid £200 then this month paid the full rent .

 

I have a 10 yr old child, just recovering from the divorce of his father & I & my child really needs stability at this time.

 

1. I do not recall receiving any notice just the letter from the HA last week with what appears to be a copy of the court papers

 

2. No. 4 of the particulars stated that the claimant is asking for possession for rent arrears

 

3. Unfortunately i cannot at the moment find my tenancy agreement but my recollection is that it was initially a three year assured shorthold from June 2008. There are at least 12 of us in the complex with such a tenancy and all still living in the complex as tenants.

[Lea_HTH]

1. Are you absolutely certain that the only notification you had of your arrears was the letter last week? The notice may have been served on you months ago when you first got into arrears.

 

2. Are you certain that is all that section states? It makes no reference to any of the Housing Acts or any grounds?

 

3. Forget about anyone else - it's you facing possession proceedings. You will need to find your tenancy agreement - it should also make reference under which of the Housing Acts possession can be sought.

 

You're going to have to answer these questions before help can be given to you, otherwise the help provided may be incorrect. There is a very strong possibility if you have an AST that possession is being sought on mandatory grounds, so you MUST answer accurately.

[stu007]

Hi

 

@ Lea_HTH I have to disagree what is in post 2 is relevant especially if the OP has tried to setup a repayment plan and the HA have refused when it goes to court the OP can use that they have tried on numerous ocassions to setup a repayment plan but the HA have refused so this is one angle I would us as well as advising the OP to continue to make rent payments as normal.

[00765]

I am not trying to evade any question. If i'm not answering a question clearly then it's because i do not have a clear answer. I went to an estate agent who told me a HA was renting flats & that they were acting for the HA. The tenancy referred to the HA as my landlord. It is not a shared ownership . It is 100% rented.

 

I am under immense pressure, about to be evicted, just emerging from a divorce, enormous debts & a young child to try & keep a roof over their head & food on the table, so sorry if answers are not succinct

[stu007]

Hi 00765

 

Now do you have anything in writing from HA that they refused your payment plan offer and what they actually wanted as a payment plan?

[Lea_HTH]

Hi

 

@ Lea_HTH I have to disagree what is in post 2 is relevant especially if the OP has tried to setup a repayment plan and the HA have refused when it goes to court the OP can use that they have tried on numerous ocassions to setup a repayment plan but the HA have refused so this is one angle I would us as well as advising the OP to continue to make rent payments as normal.

 

If it's a mandatory claim the HA do not have to agree to a payment plan, mandatory grounds are based on what is in fact at the time notice is served, and what is in fact at the date of the hearing - that's the point behind finding out precisely what the claim against the OP is. So whilst you may think it's relevant, until it is established that the OP is NOT facing a mandatory ground, anything but that is irrelevant.

 

It is only until the facts are established as I think that there is great potential to mislead the OP into thinking that the claim is capable of defence, when it may not be. The OP is probably under a great deal of stress, so keeping to the facts at this stage to establish what, if any, defence may be available (which requires details of the grounds claimed under), is preferable.

[stu007]

Hi

 

I am establishing the facts that before that claim was recieved by the OP they had being trying to setup a repayment plan with the HA to pay off the arrears and that the HA refused that offer of repayment plan therefore the OP has been trying to setup a payment to pay off the said arrears but that the HA refused which can be used in their defence.

 

I am not trying to establish a payment plan after the Op has recieved the Court Papers as this would be irrelevant.

[Lea_HTH]

No one is thinking you're evading questions - the point of asking them is to establish the actual facts of the matter. You will need to give the information in order to be advised correctly. There is no point telling you that everything will be fine and can be sorted out if you end up posting that you are facing a mandatory claim.

 

Is the HA named on the claim form as the claimant?

[00765]

I had 14 days to submit my defence. That's up today.

 

I'll have to ring the HA tomorrow & ask them to send me a copy of the tenancy

 

The particulars of claim that i received have 10 sections

1. my address

2. my name

3a-c when the AST started according to the HA, HA stating current rent arrears, how much unpaid rent should be calculated at per wk

4 reason why HA askinf for possession

5 steps taken to recover rent arrears

6 appropriate notice served on me. Tt states was served on 23 August 2012. I was way from my home through out the summer until beginning of September

7 about the Def. HA states that they have no information about my circumstances yet i have spoken to them at least three times since May 2012 expalining my situation

8 States that HA to atke into account that the HA is a social Landlord relying on rental income to provide services to their tenants

9. what ct being asked to do HA says give them possession, pay unpaid rent & any charge for use & occupation up to date order made, pay rent until recovery of possession of property, pay HA's costs for making claim

10payment history; HA states that 1 december 2013 rent due £7400+ & that i've paid 0. I have paid £878 this month & at least £200 in november & in October.

 

That's it for the partucilars of claim

 

Yes the HA is named on the claim form as the claimant

[Lea_HTH]

In part 4, can you type out EXACTLY what it says in the particulars please?