Housing Association applying for Suspended possession order

[allende]

Hi

 

I am on grounds 10, 11 of my tenancy as i have dyspraxia and dyslexia.

 

 

At times i have had irregular payments due to temporary jobs.

 

 

I had a payment plan which is meant to be monthly but due to hardship i payed weekly including the arrears,

 

 

but i asked if this was acceptable if not i would consider changing.

 

 

they automatically applied for a suspended possession at court on the 21 April this year ,

 

 

are they in breach or wasting the court time or are they correct.

 

 

I had told the reason I could not make full payments last month due to not receiving a full pay cheque

and applied for housing benefit, also i have started a new job and i am in debt as well.

 

Need help

[allende]

How can I contest the suspended order as I have a disrepair I'm the home as well,as well as I room I could not use since 2013.

 

Please any support.

[allende]

Hi

 

 

I have also evidence of the pre action protocol meeting with the officer who was discriminative and said I could pay on the 28/03/2015.

 

 

Therefore they had not even given me time to make a full payment as they have gone to court before this.

 

I made a covert recording of the meeting can i present this in court?

[honeybee13]

Hello and welcome to CAG. I'm sorry you've been missed.

 

I've flagged your thread for the site team to see if someone can advise.

 

I don't think you can use a recording in court, I can't remember the rules on transcripts. Hopefully someone else will know.

 

My best, HB

 

Edit: having done a quick googly, I'm not sure about recordings now. We need someone knowledgeable.

[caro]

How many weeks are you in arrears?

 

What exactly does the notice say?

 

Why haven't you been able to use the room since 2013?

[caro]

Although this is about home repo, I've moved your thread to the lettings forum as you may get better advice there.

[stu007]

Hi

 

Welcome to CAG

 

Firstly we need to separate your issues as you have 2 separate issues with your Housing Association.

 

1. Suspended Possession Order.

 

2. Repairs (not being able to use room since 2013)

 

Suspended Possession Order

 

1. Did you have any payment plan arrangements (in writing) with the HA before the above possession order if YES did you miss or make late any payments?

 

2. Exactly what conditions must you keep to in the Suspended Possession Order (this should be stated on the order)

 

3. Can you meet the conditions set in the Suspended Possession Order?

 

4.. What level are your arrears at?

 

 

Room not able to use since 2013

 

1. What is the issue with this room?

 

2. If it is Repairs have you reported these repairs? (if you have reported repairs when and have you chased these up)

[45002]

Hi

 

I am on grounds 10, 11 of my tenancy as i have dyspraxia and dyslexia.

 

At times i have had irregular payments due to temporary jobs.

 

I had a payment plan which is meant to be monthly but due to hardship i payed weekly including the arrears,

 

but i asked if this was acceptable if not i would consider changing.

 

they automatically applied for a suspended possession at court on the 21 April this year ,

 

are they in breach or wasting the court time or are they correct.

 

I had told the reason I could not make full payments last month due to not receiving a full pay cheque

and applied for housing benefit, also i have started a new job and i am in debt as well.

 

Need help

 

How can I contest the suspended order as I have a disrepair I'm the home as well,as well as I room I could not use since 2013.

 

Please any support.

 

Hi

 

I have also evidence of the pre action protocol meeting with the officer who was discriminative and said I could pay on the 28/03/2015.

 

Therefore they had not even given me time to make a full payment as they have gone to court before this.

 

I made a covert recording of the meeting can i present this in court?

 

Hello allende.

 

You need to forget about the disrepair issue for now and concentrate on any rent arrears plus the forthcoming court case by HA, keeping a roof over your head is far more Important !

 

If you pay your arrears in Full on 28/03/2015 and keep the rent up to date, there not a lot the HA can do IMHO.

 

If you cant ?

 

You need to contact your local Shelter or CAB office ASAP, so you can find a Solicitor to represent you on 21 April this year at court.

 

As for the recording, you or your solicitor would have to ask the court 1st for permission to use the recording as evidence.

 

Which part of the UK are you in England, Wales, Scotland or Northern Ireland ?

[allende]

Hi Thanks everyone

 

I am in London.

I have contacted Shelter they will contact me shortly.

I am more than 8 weeks in rent arrears. The reason i am not able to use the bedroom is due to a leak and the ceiling falling through which the association was warned and did not do a good repair. so the carpet was soiled and was waiting for repairs to be completed. the same thing happened to the next room my daughter was in again and caused her great distress so not using that room until totally fixed.

 

I was hoping to use counter claims via disrepair.

 

Also i was thinking using Equality Act 2010 due to my disability. They have not shown me any reasonable adjustments, especially as I had asked them to contact me if paying weekly was not suitable, instead they issued court proceedings, even though the pre action protocol meeting named 28 March as the day to complete a monthly payment.

 

I am not able to pay the full £2500 I am waiting for housing benefit as well for the period of February only.

as well as a counter claim i want to use breach of pre action protocol and possibly using Protocol 1 Article 1 Human Rights Act 1998.

Any ideas?

[mariner51]

Well at least reduce rent backlo to less than 8 weeks owing by date of hearing, that will stop mandatory s8 g8 repo, but a record of continuous late payment, combined with any rent owing may still result in discretionary repo Order.

[allende]

Hi there no ground 8 only discretionary 10 and 11. Plus I don't have around £1500 to clear it?