being evicted

[seanamarts]

Any news yet?

[mikeinessex]

Apologies for a late response.

 

Went to the council to ask whereabouts have they kept my belongings and no one has any idea other than being told someone will call me. So far no one has called yet.

 

Followed up with the local MP, they're still waiting for a response from the Housing team...they've been waiting since Monday!

 

Got a call from the Councillor who sits on the borough's housing committee and they've suggested to go to to see them tomorrow morning with my statement that I gave to my lawyer (not sure if this is a good idea since I feel like the council is being vindictive towards me)

 

Health wise, I'm not well physically and mentally. I feel depressed, back pain ( possibly because I sleep rough) and at times suicidal. And bad enough I've just finished my first month in a new job and I wonder how my employer thinks of me considering my attendance has been anything but

[Desperate Daniella]

Anyone would be depressed after what has happened, especially as you had made a new start with the new job.

 

I do think it's a good idea to see the Councillor. I've known many who have taken on the council officers for their constituents. That is what they are elected for. See if you can get him to deal immediately with whoever is supposed to be locating your possessions while you are actually sitting with him.

 

Hopefully your employer will see that you are having to deal with this as a priority and be understanding.

[mikeinessex]

DD

 

Updates:

 

The idea of seeing the Councillor who sits on housing committee was excellent. I gave him the whole batch of docs as given by my lawyer and from his understanding this subject is all over the council so he's appointed one person to coordinate the whole this from a single point.

 

That said, he says council's rents department argument is they sent me a letter (which I never got) stating that I will be evicted regardless of clearing the arrears. His arguments are; I paid my arrears before the eviction date, my current employer agreed to pay six months in advance rent payments, and they (the council) refused and now the council is losing revenues and considering the building is being decanted, I would be moving out by end of next month (September)

 

Furthermore, the council has put up notes that I've sublet the flat (which i never have) , and the council has never written to me asking for any clarification on this or any evidence from anyone that I've sublet which would be a breach of my tenancy agreement and on this the burden of proof lies with the housing department.

 

I feel like the council is being vindictive on me and I fear they are trying to tarnish my reputation by making unsubstantiated allegations and I feel that they wont stop even if this issue will be over.

 

I'm about to see my lawyer on this. As its clear they (the council) are bent on character assassination and I wonder what else they got against me and I wonder which case the judge will listen to on Monday in the wake of this.

 

I feel so helpless to be honest.

[Desperate Daniella]

I think the Council have acted wrongly and will now try to cover their backs by saying you were in breach by subletting. However, the burden of proof does lie with them, as you say. Your lawyer should be able to put up a good argument and needs to be very tough in front of the judge. If you don't feel they are being tough enough you can speak to the judge yourself.

 

Any news on your stuff?

[mikeinessex]

That's exactly what I thought. You cant accuse someone of an illegal act without having a proof. Like I said, I feel like they#re being vindictive towards me and they will do anything just to cover their mess.

 

 

About to meet my lawyer who has also put a barrister on standby just incase,

 

Regarding my processions, apparently they've kept them in a storage but no one knows where exactly. The Councillor's office is coordinating that at the moment.

[Desperate Daniella]

The lawyer sounds as though they are getting their act together for Monday, and it's good there is a barrister lined up too. Of course your lawyer could try talking to them before Monday and pointing out that they have no proof of their accusations and maybe would like to be more reasonable rather than wasting the Court's time. They've already lost taxpayers' money by not renting the property to you when it's clear they won't be able to rent it to anyone else.

 

I do hope you hear about your possessions soon.

[mikeinessex]

I went to the council and inquired about my possessions and all they could do is fill in the details and of course make a promise that they will call me back. Of course they haven't.

 

My hearing is Monday afternoon and I'm even more depressed as weekend has arrived so my local library will shut early and I will be just wandering around with the same clothes I've been wearing since Wednesday last week.

 

Otherwise the councillor that I met yesterday hasnt got back to me.

 

I will try to go to homeless again and see if they can give me even a temporary accommodation even though apparently I don't meet their criteria (I'm not a drug user/addict, I don't have a Criminal record, I don't have a family or children and even worse I've never been violent or threat to the public).

[Desperate Daniella]

Hi mike,

 

I am sure the weekend will be a very depressing time, and I am so sorry about that. I think the Council have behaved disgracefully and I'm sorry the Councillor hasn't done more, although I think he has given you a few points to argue on Monday.

 

It is absolutely shocking that the criminals/addicts seem to go to the top of the list.

 

Just try and think of one day at a time. Get some thrillers from the library and just try and get through the hours. Tom Clancy is good because his books are very long!

 

I will be away until Tuesday or Wednesday but will be sending up a little prayer on Monday. I hope it goes okay.

[mikeinessex]

Hi mike,

 

I am sure the weekend will be a very depressing time, and I am so sorry about that. I think the Council have behaved disgracefully and I'm sorry the Councillor hasn't done more, although I think he has given you a few points to argue on Monday.

 

It is absolutely shocking that the criminals/addicts seem to go to the top of the list.

 

Just try and think of one day at a time. Get some thrillers from the library and just try and get through the hours. Tom Clancy is good because his books are very long!

 

I will be away until Tuesday or Wednesday but will be sending up a little prayer on Monday. I hope it goes okay.

 

 

 

DD.

 

Thanks for those comforting words and words only cannot explain how I feel. I feel like you are the only one who is here for me in time of need.

 

anyway. After 5 days... yesterday (evening) my local MP's office was given a written reason why they evicted me.

 

Basically the housing officer tried to come up with legal semantics and chronology of events (I believe they will use the same arguments at the hearing on Monday....I wish to point out they've left out the previous accusation that I had sublet the flat....and I think this will be the official response to the Councillor who is the Chair of the Borough's Housing Committee any way here is the quoted text of their letter:

 

 

 

Thank you for your emailed enquiry dated the 29th July 2013 regarding the above named former tenant ofXXXXXXX. I am afraid you have not been provided with the totality of the events that led to the eviction of XXXXXXX. I will provide as much details as possible in this response so that you are clear on why we are not able to consider allowing XXXXXXX back into the property.

 

I feel it is best to start off by saying that the tenancy XXXXXXX was brought to an end by a Court of law after due processes have been followed. Once a tenancy has been determined in this manner, looking to reinstate is not possible by law. Secondly any action on our side to reinstate a tenancy brought to an end by a competent court of law is in itself a violation of the court order.

 

What XXXXXXX ought to have done prior to the Eviction date was to apply for a ‘stay of eviction’. XXXXXXX is aware of this process as he has a history of taking this action successfully in the past. Just to enable you have a picture of the rent actions please see below the history of possession actions taken by the rent team and actions taken by XXXXXXX to avert the eviction.

 

There was an eviction date set for August 2008. As per procedure, a visit was made to the property and the eviction letter was delivered on the 24th July. XXXXXXX made an application to stay the eviction at a hearing on the August 2008. The warrant of Eviction was suspended on terms that the rent is paid plus £3.05 toward the arrears weekly. With the suspension of the Eviction, XXXXXXX was able to continue to reside in the property as long as he paid the rent and the extra towards the arrears.

 

By the march 2009, the arrears were creeping up again as XXXXXXX was not keeping to the terms of the Court order that suspended the eviction that was meant to hold on the August 2008. As a result of his non compliance with the court order, the papers to resubmit for the hearing was collated but XXXXXXX cleared the arrears. Similar instances where Eviction dates have been received by Court and then XXXXXXX cleared the arrears happened in January 2011 when eviction should have taken place on the January 2011 and again in December of 2011. On 26th March 2012 arrears were again cleared so eviction was called off but tenant had not made any payments since March 26th 2012 so a final Warning Eviction letter was sent. As a result of not adhering to the terms of his tenancy agreement to pay his rent and also not adhering to the court order, a visit was carried out to the property on the April 2012. On the August 2012, paper work to enable eviction be carried out were completed and an eviction date for the 28th November 2012 was received and notified by hand delivery to XXXXXXX on the 9th November 2012.

 

 

 

On the 21st March 2013, a visit was carried out regarding arrears. Eviction ratification was completed on the 7th May 2013 and confirmation of eviction for the 25th July 2013 was received from the Court. Eviction was carried out on the said date as per the norm.

 

On this occasion XXXXXXX failed to carry out his usual action of applying for ‘a stay of eviction’. Instead he made a payment of £500 on the 24th July, £490 on the 25th July and another £100 on the 25th July to clear the arrears but he failed to notify the court of this intention to clear the arrears and apply for a ‘Stay of Eviction’. Mr. XXXXXXX knows that the courts have the final say with regards to his management of his rent account and his tenancy. He has been through this enough times to know what is required of him. As of the date and time of eviction, only £500 of the arrears has been received.

 

There are a number of reasons why the tenancy cannot be reinstated. The most critical of the reasons been the fact that it has been determined by Eviction in a competent court of Law. Secondly, a ‘stay of Eviction’ was not applied for by XXXXXXX when he knows very well that the only avenue open to him was a stay of eviction application.

 

 

I hope you find that I have covered the reasons why the tenancy cannot be reinstated. If you need further clarification please do not hesitate to contact me.

 

Yours sincerely

 

 

XXXXXXX

 

 

 

 

 

 

COUPLE OF POINTS TO NOTE:

 

1. I paid all my arrears on 24th and have the receipts that were sent to my e-mail by the council after the payments

 

2. They have deliberately lied to the MP in regards to my current situation

 

3. Their own Statements which I printed show I made a payment on 22nd

 

4. They've refused the offer of 6 months lump-sum advance payment of rent payments from my employer

 

5. They accuse me of subletting without any evidence

 

 

will return later with more info.

[raydetinu]

I think unfortunately they are correct and could have acted a lot sooner, failure to keep up payments is a breach of the terms of the agreement and indeed could of evicted you a lot sooner.

The correct action would of been to go back to court a get the order set aside, and a new agreement made if the judge was so inclined.

Article 8 of human rights act may help, as the courts themselves may fall foul of this and I understand this under appeal at the moment.

[mikeinessex]

They presented a story to MP

I will present facts based on evidence

They claim i owed them 930 in arrears

I paid £990 a day before the eviction date

They claim I paid £500 on 25 the eviction day

I have receipts from the council showing I paid £990 a day before 24th

They claim I'm a not a consistent payer

I offered to pay them 6 months in advance and I was told "we don't want your money"

They wrongly accused me of subletting my flat

They apologise when I asked for evidence since the burden of proof is on their side

Their decanting officer visited me and interviewed me since I was about to be moved out to a new accommodation

Due to the stress caused by their action I'm now sleeping on night busses

They are bent on tarnishing my reputation as a good citizen and I have no idea why they are so vindictive towards me

 

DD

 

I'm a big JOHN LE CARE fan so right now I'm on George Smiley keeps me company in TInker Taylor Soldier Spy, finished Jason burke's Ghost Wars ( an insight into the Taliban) and perhaps by Tuesday I wanna get on with Broker, Trader, Lawyer, Spy: The Secret World of Corporate Espionage.

Edited August 4, 2013 by mikeinessex

[mikeinessex]

I think unfortunately they are correct and could have acted a lot sooner, failure to keep up payments is a breach of the terms of the agreement and indeed could of evicted you a lot sooner.

The correct action would of been to go back to court a get the order set aside, and a new agreement made if the judge was so inclined.

Article 8 of human rights act may help, as the courts themselves may fall foul of this and I understand this under appeal at the moment.

 

I need more info on your last 2 paragraphs

 

Anything that I can use to defend myself

 

 

Thanks

[raydetinu]

All too late now IMHO!, article 8 relates to interference of the state or body ( including courts ) in family/personal life and as such your home, and may possibly of helped keep you in your home.

However your solicitor may have a view on this.

With regard to the court order and agreement regarding rent arrears, as soon as you defaulted they can proceed with eviction.

[mikeinessex]

All too late now IMHO!, article 8 relates to interference of the state or body ( including courts ) in family/personal life and as such your home, and may possibly of helped keep you in your home.

However your solicitor may have a view on this.

With regard to the court order and agreement regarding rent arrears, as soon as you defaulted they can proceed with eviction.

 

But they lied in their defense.

 

I made the payments before the eviction date but they're claiming otherwise

 

I also have my receipts and payment references/statements from their own website

[mariner51]

You have a hearing tomorrow? So go armed with your written evidence and let your solicitor argue your case.

[mikeinessex]

You have a hearing tomorrow? So go armed with your written evidence and let your solicitor argue your case.

 

Mariner 51.

 

Yes Sir,its tomorrow afternoon.

 

That's what I intend to do.

 

 

I fear they have malicious intent towards me but at this stage I will continue to fight.

 

In this economy I've secured a job and willing to pay advance rent payments of 6 months but they still decline.

 

Its common sense really but then again its their word against my evidence.

[raydetinu]

IMHO, irrelevant as you breached the agreement, once you do that they can evict unless you go back to court before the eviction.

However you have a chance in court now, but doubt they will reverse anything.

good luck anyway.

[Lea_HTH]

There are only three instances where the court can consider re-entry after possession has taken place - and for you, based on what you have written, the only one of those three is abuse of process or oppression in the execution of the eviction. I am fairly certain this will be the route that your solicitor will be taking, as the other two simply don't fit. That said there has to be some concrete evidence of that oppression - e.g. you were told the only way to stop the eviction was to pay all the arrears, or you were told not to bother applying for a stay (to be fair you've made lots of stay apps so it's not like you couldn't have gone ahead if you'd chosen to). Your evidence regarding when you paid the debt will be crucial - though again, to be fair, the fact that you paid it does not mean they were not entitled to evict you.

 

Your solicitor will have produced sufficient case law to back up his stance - so with any luck, a judge will allow you re-entry...though this may depend on just how many stays you've had and just how badly you have breached each and every order made since the original was granted. Sometimes judges will say you've had enough chances.

 

The fact that you have a job, and that your employer is willing to pay six months rent up front, is good news (get that in writing on headed paper from your employer to present to the judge - along with a cheque if possible).

 

I don't want to get your hopes up too high, but if your solicitor is any good you'll have a reasonable chance of regaining entry.

[mikeinessex]

IMHO, irrelevant as you breached the agreement, once you do that they can evict unless you go back to court before the eviction.

However you have a chance in court now, but doubt they will reverse anything.

good luck anyway.

 

what chance do you think I have in court?

[mikeinessex]

There are only three instances where the court can consider re-entry after possession has taken place - and for you, based on what you have written, the only one of those three is abuse of process or oppression in the execution of the eviction. I am fairly certain this will be the route that your solicitor will be taking, as the other two simply don't fit. That said there has to be some concrete evidence of that oppression - e.g. you were told the only way to stop the eviction was to pay all the arrears, or you were told not to bother applying for a stay (to be fair you've made lots of stay apps so it's not like you couldn't have gone ahead if you'd chosen to). Your evidence regarding when you paid the debt will be crucial - though again, to be fair, the fact that you paid it does not mean they were not entitled to evict you.

 

Your solicitor will have produced sufficient case law to back up his stance - so with any luck, a judge will allow you re-entry...though this may depend on just how many stays you've had and just how badly you have breached each and every order made since the original was granted. Sometimes judges will say you've had enough chances.

 

The fact that you have a job, and that your employer is willing to pay six months rent up front, is good news (get that in writing on headed paper from your employer to present to the judge - along with a cheque if possible).

 

I don't want to get your hopes up too high, but if your solicitor is any good you'll have a reasonable chance of regaining entry.

 

 

 

Thanks for your input

 

What are other 2 instances where the court can consider re-entry after possession has taken place?

 

Yes, my employer did put that in writing that he is willing to pay my 6 months rent as well as wrote cheque to the council

 

At this stage I need as many arguments for my defense as possible.

 

Do you think its worth raising the false accusation from the council that I had sublet my flat?

[45002]

I'm still concerned it wasn't Bailiffs who carried out the Eviction !

 

 

 

On 25th the housing officer and technicians came to visit and ordered me out which I obliged s

 

Have you told you Solicitor about this mikeinessex ?

[mikeinessex]

No bailiffs never came

It was just the council people

[mikeinessex]

What's the procedure?

[ukaviator]

The steps that your council or housing association must take to evict you depends on the type of tenancy you have. But the basic steps are:

 

1.You get written notice that the council or housing association plans to evict you.

 

2.If you don’t leave or can’t come to an agreement, the council or housing association can apply to the court for a possession order.

 

3.The court decides whether you can be evicted.

 

4.If you still don’t leave, bailiffs can remove you and your belongings.

 

Your council or housing association must give you a written warning notice that they plan to evict you. The notice is normally either at least 4 weeks or 2 months, depending on the type of tenancy you have. These steps are known as the ‘pre-action protocol’:

 

Try to talk to you about the arrears as early as possible

 

1. Give you detailed information about the arrears

 

2. Offer help, if you need it, to make a housing benefit claim

 

3. Agree to delay taking you to court if you make a reasonable offer to pay off your rent arrears

 

At the hearing you have the chance to tell your side of the story. The court can:

 

1. Issue a possession order giving the council or housing association permission to evict you

 

2. Decide evicting you is not justified – eviction proceedings will then stop

 

3. Issue a suspended or postponed possession order giving you a final chance to avoid eviction