me and my landlords

[confusedbunny]

Do you receive a free tax disc? If you do then the taxation class will show as Disabled and should be a clue to whoever attends. Do you have a current Blue Badge? If so leave on display on the dashboard as again it should have given a clue. Otherwise you will need to move or hide it well out of sight. Any charges that may be made will be subject to the Distress for Rent Rules but they can rack up at an alarming rate. Can only urge you to contact your LL ASAP - you never know he may agree but might want a sizeable first payment.

 

No, I do not get DLA Mobility, high, therefore no badge or free tax disc......I just wondering if, as my car is needed (a basic need) to get around, can they seize this?

[josephbloggs]

There seems to be confusion on the answers given so far based on your info in the posts so far

If you are refering to a commercial premises for a business, by going over by as little as one day the landlord can issue his own warrant to distrain and either instruct bailiffs to attend or go to court and self-certificate for up to 30 days and collect it himself.

If you are talking about your home amd rent arrears, the landlord can ask a debt collector to request payment or they may take you to court to get you evicted, or get a judgement against you to enforce payment by court bailiff or hceo

[tomtubby]

The bailiff may indeed be instructed by the Landlord and their statutory powers are outlined in the Distress for Rent Rules regulations.

 

Putting the regulations aside for a moment I am concerned as to WHY the landlord would consider taking such draconian measures ( in particular given that you have a disability).

 

[EDIT] I work one day a week for a debt charity and only last week I spoke with a landlord's agent after bailiffs had been instructed and I was informed that in fact the tenant ( who was a disabled lady ) did not have a lease as it had expired 2 years earlier and furthermore, she had received at least 6 hand delivered notices to leave the property. Sadly, it also transpired that she had not paid a penny in rent to the landlord for 18 months !!!

 

In the case outlined above, the landlord wanted his property back.

 

I would not want you to provide too much information but could you provide a bit more background to the dispute with the landlord.

Edited May 23, 2013 by ims21

[brassnecked]

It also depends on the type of tenancy i9s it a shorthold tenancy, fixed term or something else? this may have a bearing, and the LL would probably use a bailiff under Distress For Rent rules. As no one has asked, do you get Housing Benefit, or it's successor to assist with the rent, and further is there a hold up in said benffit?

[wiseajak]

It also depends on the type of tenancy i9s it a shorthold tenancy, fixed term or something else? this may have a bearing, and the LL would probably use a bailiff under Distress For Rent rules. As no one has asked, do you get Housing Benefit, or it's successor to assist with the rent, and further is there a hold up in said benffit?

 

Was just thinking the same thing, dont u get housing benefit seeing as your on ESA etc ?

[confusedbunny]

Thank you all for your replies, I am currently receiving HB, but there is a shortfall, this has lead to an accumulation of rent arrears (periodic AST), I am facing eviction soon.....I am wanting to get clarification as to what the LL can do to persue me for the rent arrears......as I have now clarified this (as I may have confused some trying to help me on this thread), can the LL instruct private bailiffs without a CCJ? If a CCJ is obtained and a payment plan is in place, can the LL still instruct bailiffs?

[wonkeydonkey]

You say you are facing eviction, which leaves me to assume an application has been made to the Court for possession.....on granting the LL possession you will/should receive a copy of the order outlining what was adjudged to be the rent arrears and the costs of the LL taking the action Have you received that? if yes ...then you can apply to vary any amount awarded to the LL You will need to file N245 and send an income and expenditure sheet to support any offer you make....as you are receiving ESA you will likely not have to pay any more than £5 pw. Once the variation order is in place the only way the LL can send in bailiffs is if you default on the agreement you made with the Court.

[confusedbunny]

You say you are facing eviction, which leaves me to assume an application has been made to the Court for possession.....on granting the LL possession you will/should receive a copy of the order outlining what was adjudged to be the rent arrears and the costs of the LL taking the action Have you received that? if yes ...then you can apply to vary any amount awarded to the LL You will need to file N245 and send an income and expenditure sheet to support any offer you make....as you are receiving ESA you will likely not have to pay any more than £5 pw. Once the variation order is in place the only way the LL can send in bailiffs is if you default on the agreement you made with the Court.

 

Thank you for your reply. This is the clarification I was hoping for....I am at the stage of the S21 expiring and the LL seeking possession, I am yet to put in a defence once the LL applies to the court for a money order......I am assuming that if I were to default (not that I will) that's it court bailiffs. Can the LL instruct private bailiffs to persue this debt at any stage from now, pre/post applying for a money order? (with or without a CCJ)

Edited May 23, 2013 by confusedbunny

[wonkeydonkey]

No he has to go through the process of applying to the court before he can send in bailiffs, without that order at best he could send in DCA who you can ignore with ease as they have about as much power as a battery operating the national grid.......you will of course get the opportunity to submit a defence, make an offer to pay the arrears etc..he can refuse your offer and if that is his stance the Judge gets the final word as to what you pay. Once that is set in concrete he cannot pursue at all unless you default.

[confusedbunny]

No he has to go through the process of applying to the court before he can send in bailiffs, without that order at best he could send in DCA who you can ignore with ease as they have about as much power as a battery operating the national grid.......you will of course get the opportunity to submit a defence, make an offer to pay the arrears etc..he can refuse your offer and if that is his stance the Judge gets the final word as to what you pay. Once that is set in concrete he cannot pursue at all unless you default.

 

Phew! That's a relief, thank you for putting my mind at ease with all this.......

[caledfwlch]

Wouldn't the OP qualify as Vulnerable under the Guidelines though and thus should not be subject to Bailiff action, since they are disabled and on DLA/ESA?

 

The OP should send proof of being on both to the Landlord by recorded delivery, and a letter stating such so that the Landlord can not wriggle out and claim they didnt know the OP is classed as vulnerable and thus should not be subjected to Bailiff action.

 

End of the day, as long as he keeps any potential HCEO or Bailiff from making peaceful entry, it wont really be in the Bailiffs interest to pursue properly, since the OP is on ESA thus it would be pointless a HCEO demanding 4 grand fees or whatever.

 

To the OP, iirc a Landlord under the distress for rent rules can in theory claim all your posessions within the property, so you perhaps need to look at a statutory declaration being done by a family member to claim ownership of all your goods and chattels to stop the Landlord confiscating it, if those rules have not been overwritten.

 

Tomtubby - would it be legal for the Landlord, if in posession of the keys to the property to give A Bailiff or HCEO them, so they can just walk in?

[confusedbunny]

Hi,

 

I am facing eviction soon from my private landlord due to rent arrears.....I understand that if he persues me under S21 then the local council will have an obligation to re-house me but I need clarification of the term "intentionally homeless" if the landlord evicts me under a S8.....I am reading conflicting stories on the net of:

 

1."If I am evicted via a S8 (due to rent arrears) and I leave before the bailiffs remove me (that's classed as me making myself intentionally homeless and the local council are not legally obliged to re-house me)"

 

2."If I am evicted via a S8 (due to rent arrears) and wait until the bailiff remove me (is that classed as not making myself intentionally homeless and the council are obliged to re-house me in temporary accomodation?)"

 

3."If I am evicted via a S8 regardless whether I leave before or on the day of the bailiffs, as its due to rent arrears (Is it classed as my own fault and I have caused the eviction, therefore, is this classed as me making myself "intentionally" homeless?)

 

I have read that it is paramount that I stay put until the bailiffs arrive (point 2) in order to get assistance from the local council, but not sure if I just want to believe this but is this correct please? Any advise is greatly appreciated. Thank you

[raydetinu]

Suggest you contact shelter for advice.

Has the LL obtained a court order yet did you go to court? what date is the eviction set for?

Is there anyway you can pay off the arrears or come to some arrangement with the LL regarding a repayment plan.

Are you on housing benefit?

[confusedbunny]

Several past S21's have failed, awaiting to be served a S21 or S8 (depending what route the LL wants to go down)......no way I can pay off arrears....yes, receiving HB now

[citizenB]

Whilst you are waiting for advice from caggers, you could try speaking to someone at Shelter. They have a dedicated department for situations such as this.

 

http://england.shelter.org.uk/get_ad...dvice_helpline

 

Ring 0808 800 4444

 

8am-8pm Monday-Friday

8am-5pm Saturday-Sunday

 

Calls are free from UK landlines and main

mobile networks (vodafone, O2, EE and

Virgin Mobile).

[confusedbunny]

Whilst you are waiting for advice from caggers, you could try speaking to someone at Shelter. They have a dedicated department for situations such as this.

 

http://england.shelter.org.uk/get_ad...dvice_helpline

 

Ring 0808 800 4444

 

8am-8pm Monday-Friday

8am-5pm Saturday-Sunday

 

Calls are free from UK landlines and main

mobile networks (vodafone, O2, EE and

Virgin Mobile).

 

Thank you kindly for the link to shelter, I have looked into their website and cannot see the answer to my query......Is there a housing act that can maybe answer my question to the general terminoligy?

[confusedbunny]

I was reading this link....

 

http://www.adviceguide.org.uk/wales/debt_w/debt_rent_arrears_e/you_are_taken_to_court_for_rent_arrears.htm#taking_your_goods_away_for_rent_arrears

 

Does this mean, my landlord can follow a procedure known as levying distress, or distraint, without me even offering a payment proposal?

[citizenB]

Did you telephone them ? Perhaps it is a question that hasn't been asked yet ?

[confusedbunny]

Another query I have is, I am currently on the housing list, if I get evicted via a S8, will the local council strike me off the housing list (as they do not see me fit to keep a tenancy) regardless of whether I find alternative private accommodation or they re-house me temporary in the interim?

[ploddertom]

What has happened or what have you done in the last 3 months?

[confusedbunny]

What has happened or what have you done in the last 3 months?

 

I have not been evicted yet, nor has a money order been ordered by a judge nor the amount that will be claimed demanded, I just wondered what this procedure entails and whether my LL can avoid court and just opt for the levvying distress or destraint procedure?

[ploddertom]

Have you made any proposals for payment or tried to reach an agreement with your LL?

[45002]

Another query I have is, I am currently on the housing list, if I get evicted via a S8, will the local council strike me off the housing list (as they do not see me fit to keep a tenancy) regardless of whether I find alternative private accommodation or they re-house me temporary in the interim?

 

Have you checked your local council website on what it says there !

 

Most councils advise you not to leave until the Bailiff turn up,before they even consider a person homeless...

[confusedbunny]

Have you made any proposals for payment or tried to reach an agreement with your LL?

 

LL wants all the money now and was trying to evict me via a S21 but keeps failing, I think he will try the S8 route now....(wants me out weather I paid or not)

[45002]

you would have been better off just sticking to one thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?400377-Explanation-of-term-quot-INTENTIONALLY-homeless-quot