Eviction please help

[Emmalgolby]

Not sure if I'm doing this right I'm new to this,

 

I had a suspended possession order two years ago the arrears was approx 1700

 

I was ordered to pay rent 514 and 10 pounds a week, in bits and pieces

 

I have fallen behind 390 pounds in rent,

housing association are now taking it back to court for eviction,

 

I can pay the 390 to bring payments up to date but as its a multiple breach she will not cancel the court action,

 

I am now working full time and have a dependent child who has just got into college and found a work placement,

 

I have no family in my area, losing my home would mean me locating 300 miles away!

 

I was struggling to make payments as my son was attacked by a dog and needed hospitalising this led to me reducing my hours at work

I then couldn't increase my hours so had to find another job which I did and am now working full time

 

please can someone help

[Ell-enn]

Hi there I have moved your thread to the Repossession forum where more people will see it - I will try and come back later today to see if I can help.

[Emmalgolby]

Thank you any advice is much appreciated, can I add the total amount of arrears is to date 1146 pounds xx

[Lea_HTH]

You say there is an SPO already - then say the HA are taking it back to court. They don't need to take it back to court. Have they said they are specifically going to issue proceedings against you, or merely execute the warrant on the SPO they already hold?

 

If the latter, then once you get the notice of eviction, you will need to make a stay application. It is highly unlikely that a judge will not stay any eviction if you can show good reason for falling behind (proof) and evidence that you can make the payments in the future (proof required). If you can bring the agreement back up to date then do so. I am confused however as you state you are £390 in arrears of rent, but surely that is the sum total of your missed payments? If you can pay it now, why didn't you pay it before? (Question a judge will ask.)

 

Also, £390 is equivalent to 39 weeks of missed payments - so I am not surprised the HA are seeking to evict - it's a wanton disregard of a) your obligation to pay rent and b) a court order - the judge won't be happy that you simply ignored what was ordered UNLESS you have a very good reason for it (I doubt your son was in hospital for 39 weeks). But as I said, there are few judges who will award outright possession of social housing on arrears of £1100, particularly if, since the SPO was granted, the arrears have actually come down - even if not by the amount expected.

 

Is the £1100 after you pay the £390 or before?

 

Please do not think I am being harsh with you - the judge will be much harsher and far better for you to read it here and prepare yourself for the type of questioning you may get in court, than think it will all be a breeze. Social housing is in high demand - many judges will tear strips off those who have it but who don't pay their rent.

[Emmalgolby]

It was a spo and I have always made the 10 pounds a week payment, but when my son was in hospital I missed a months rent and have been trying to make up the missed payment but then only was working part time so some months couldn't pay the full rent, so over a year all the shortfalls add up to 390, I received a letter this morning and the arrears in total is 976, so if I pay 390 it will leave 586 outstanding, they are executing the warrant the already hold, thank u

[Lea_HTH]

Right, that's not so bad then as you had a very specific reason for missing the payment that you did and will almost certainly be able to provide documented proof of this from the hospital/GP. This is better than missing 39 payments of a court order. Make the £390 payment as soon as you can and keep the receipt to show to the judge if you have to make a stay application (on form N244). I can virtually guarantee that you will not lose your home on the basis of owing less than £600.

 

I know it's difficult but try not to worry too much - it was just a blip caused by a specific incident and judges are always going to be sympathetic to the realities of life.

[Emmalgolby]

Thanks, I'm out of my mind!! I'm going to pay the 390 to bring the payments up to date, I have proof from doctors surgery, and can prove I'm now in full time employment, is a letter from employer sufficient? I will prepare a financial statement, no eviction date yet? Can u help me with the wording on the n244 statement and how to prepare it? I would be really grateful

[Ell-enn]

Hi, I can help you with the N244. Please have a read of my guide here: http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession where you will see examples of how to complete the N244 and also download the budget sheet we normally use in these cases (it calculates automatically as you fill it in). I am at work at the moment but will try and get back to you this evening. It's best to wait till you have an eviction warrant delivered as the cost of entering the application is £80 but only £40 if you have a warrant for eviction.

[Emmalgolby]

Hi can anyone advise me I have paid the 390, and have letter from GP, letter from employer stating I'm employed full time can anyone help me put it all together and how to submit and fill in n244 eviction date is 1st July thank u for your advice so far