Court imminent for rent arrears :(

[mcjordi]

ive been informed by the HA that they are going for possession of my house.. oh joy.. at least it will be a day out.. i owe £110 and pence after this weeks HB is taken off.. they want the lot within 7 days or they go to court. sure ill magic it outta my arse.

it will be around £70 owed when i pay 2 weeks rent/Bedroom tax this week ( i get my esa every 2 weeks)

Ive had no notice of possession and they say they are applying to the court in the next 7 days if i dont pay up which i cant.

 

My current rent is 18.18 a week including water rates

now im no mathematician but im sure im under 8 weeks arrears so am i right in thinking they should not be taking this to court?

 

and is it 8 weeks full rent arrears without HB or would it be 8 weeks of 18.18?

 

i owe £174 odd pence but that does not include this weeks HB of £67odd

 

any help guys

cheers

mcjordi

[renegadeimp]

I cant see ANY court evicting you for the sum of £110. They would most likely order a payment plan, providing they agree with your reasons why you havent paid it yet.

 

 

A few years ago, i owed my HA around £400 ish and they tried everything to get me out. The court simply looked at my reasons and my offer of payment and granted a payment plan. I stayed in that house for around 8 months until i found the one i am living in now.

[citizenB]

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

 

Shelter should be able to advise on this. Their website is linked above, but they have a free helpline as well.

 

0808 800 4444

[mcjordi]

oh i know they wouldnt evict for 110 but i can do without the hassle of court and a ccj.

[renegadeimp]

Doubt youll get a CCJ. Especially if you can prove you have offered the HA multiple payment plans according to your finances. If you do get a claim form, you could request mediation to try and settle out of court.

[mcjordi]

it says on the letter they will request a county court judgement.. just gotta wait till the women i have to speak to gets back in the office..

[Wintry]

ive been informed by the HA that they are going for possession of my house.. oh joy.. at least it will be a day out.. i owe £110 and pence after this weeks HB is taken off.. they want the lot within 7 days or they go to court. sure ill magic it outta my arse.

it will be around £70 owed when i pay 2 weeks rent/Bedroom tax this week ( i get my esa every 2 weeks)

Ive had no notice of possession and they say they are applying to the court in the next 7 days if i dont pay up which i cant.

 

My current rent is 18.18 a week including water rates

now im no mathematician but im sure im under 8 weeks arrears so am i right in thinking they should not be taking this to court?

 

and is it 8 weeks full rent arrears without HB or would it be 8 weeks of 18.18?

 

i owe £174 odd pence but that does not include this weeks HB of £67odd

 

any help guys

cheers

mcjordi

 

Hi

 

The HA would have to give the correct notice before they took it further.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11894/138304.pdf

 

8 weeks arrears would mean the full amount of 8 weeks rent payable and not 8 weeks net of any housing benefit

 

Ground 8 is a mandatory ground and the above would have to apply.

 

Ground 8

The tenant owed at least 2 months’ rent if the tenancy is on a monthly basis or 8 weeks rent if it is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.

 

Social Landlords do not usually use ground 8 but its not a certainty and there has been a certain amount of debate on this

 

There are other grounds for rent arrears such as discretionary 10 & 11 (see below)

 

Discretionary Grounds:

 

Ground 10

The tenant was behind with his or her rent both when the landlord served notice seeking possession and when he or she began court proceedings.

 

Ground 11

Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.

 

There does seem to be an increase on Social Landlords taking a harder stance on rent arrears as a result of the introduction of the bedroom tax (up by a third in some areas I understand) - example- low rent arrears and possession action

 

Best to try to negotiate a payment arrangement to stop further action as you will have to propose one if it goes to court.

 

Tricky times with the bedroom tax and all

 

With the above I am basically going on that you have a secure tenancy and not an introductory tenancy, is that the case?

 

 

User friendly Citizens Advice guide on rent arrears below (updated just today I am reliably told)

 

http://mymoney.nedcab.org.uk/moneyadvice/rentarrears.asp

 

PS - Have you looked at the possibility of applying for a Discretionary Housing Payment (DHA) (see below) - if applicable it might help some

 

http://www.dwp.gov.uk/docs/discretionary-housing-payments-guide.pdf

 

CAB Budgeting & Financial Statement tool with DHP guide that may also help

 

http://mymoney.nedcab.org.uk/moneyadvice/quickfsintro.

 

Best Wishes

Edited July 17, 2013 by Wintry

[stu007]

Hi mcjordi

 

I am going to move your thread to the Residential and Commercial Forum as I feel you will get more advice on your issue there, its administrative so nothing for you to do.

 

Just to clarify your Rent including water charges is - £18.18 per week and you owe approx. £174 at present.

 

How were you informed by the HA that they will be seeking possession?

 

What assistance has the HA offered you to resolve this matter?

 

Are you affected by the Bedroom Tax?

 

Are you in England, Wales, Scotland?

Edited July 17, 2013 by stu007