info for paying £280 court cost fee for landlord evicting me....

[kc1983]

hi, i rent a room in one town (near my works and children)

and my partner (not the mother of my children) rents a house in the next town,

she is signed off sick and has a daughter.

 

i cant move in to her home as she is being evicted as landlord is selling up,

section 21 ends in september and her local council are not helping much

they just say she will have to rent another private which isnt easy

since she isnt working and on sick benefits due to ongoing heart issues for which she is having open heart surgery for very soon.

 

i work full time but cant have her and her daughter live with me as i rent a room in a house to keep costs down

so i can pay for my children and not go via csa.

i have already registered for housing with local council in my town

but of course can only apply for a 1 bed place due to it being just me.

 

i have now filled in a change of circumstances form and added my partner

as we were thinking of moving in together in the new year

(have been with each other for several years so not a rushed thing)

 

 

with all that is happening her end i dont know what to do as she is going to need me with her full time during and after surgery.

 

 

have i done the correct thing adding her via the change of circumstances form with my local council?

 

as i hope they will help us get a place together and soon due to her condition

 

 

. we did not want to move in under these circumstances but i need to be there for her full time.

 

 

since we are both living in different towns i am just wondering what the best thing to do or push for.

 

a very odd situation and any pointers would be great as i am worried about her condition

and the stress of all this being evicted is having on her but also wanting to get help with a council home not private rent

as i cant afford to keep both of us on private rent rates.

 

 

thanks.

Edited August 13, 2013 by citizenB
formatting

[stu007]

Hi kc

 

Welcome to CAG please have a look around the forums as you may find useful information.

 

Now it seems like you have two issues:

 

1. Your Partner with daughter has be given a section 21 notice but they are in a different council area to you. They also have a heart condition which they will be going for surgery.

 

a) What type of tenancy agreement do they have?

b) How long was the tenancy for?

c) Are they up to date with their rent?

d) Can they get a supporting letter from GP/Consultant on condition and surgery?

 

2. You at present rent one room and applied for council housing then added your partner and their daughter using a change of circumstances form.

 

a) Have you filled in a medical needs form with the application (due to partners health condition and you will need supporting letters)

b) Have you checked with the council as to how long the waiting list is?

d) Did they pay a deposit?

[kc1983]

hi and thank you.

 

 

she has a shorthold tenency that turned to a rolling tenancy last august.

no rent arrears.

landlord is selling house.

yes a supporting letter of her condition will be possible from DR or hospital.

she has some documents as it is

 

 

.i have only filled in a change of circumstances form adding my partner and her daughter to my application

 

 

.the council have not stated how long the waiting list is

but at the moment being listed for a 1 bed

there are places available to bid on but do not now suit due to change

 

 

.yes she paid a deposit which is secured and showing as registered with the 1 of 4 deposit schemes.

 

 

i guess i should add partners medical condition to application but did not see a form to download for this

and they would not talk to me about adding her until it is put in writing on one of the correct forms.

Edited August 13, 2013 by kc1983

[stu007]

Hi kc

 

I would suggest contacting the Council and ask them with the Housing application and the Change in Circumstances form you filled in you also need to add your partners medical condition and is there a Medical Needs/Assessment Form that also needs to be filled in with the application.

 

Also Confirm with them:

 

1. That they received your Change of Circumstances form for your Housing Application and have details been amended.

 

2. Roughly how long is the waiting list.

 

Please do ask your partner to get a letter of support for their medical condition to support the application.

[kc1983]

all forms are now being dealt with and I have been told to call Monday if I have not received a call by Friday so thank you for that.

 

A new problem has occurred. A nosey neighbour who is friendly with landlord confronted my girlfriend along with landlords mother making accusations and idle threats and showing girlfriend she has keys to the property and will come in. Tenancy termination letter states keys should be handed in and property left by 2nd of September but girlfriend has been told by council she must not leave property at all.

 

As I don't live with her full time I can't be there 24/7 but now worried for her and child's safety. Told her to report it to police which has been done. Friday I am installing a CCTV router camera and sign that records video and images and sends pic and alerts to both our phones and allows her to check who is at door by viewing camera via a app on phone. And to leave key in door on inside. I don't know what else to do as I can't just stop working to keep her and child along with house secure and am worried for them. I will also tell the council this as its harassment.

 

Is there anything else I can do apart from pull them out of house which is what I want to do but can't as I rent a room and have no finances or big enough wage to rent private to suit our needs.

[stu007]

If they feel threatened or that neighbour enters the property without permission Call the Police.

 

I would also advise having a chat with Shelter:

 

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

 

or you can telephone them.

 

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).

Edited August 22, 2013 by stu007

[kc1983]

hi, 2 years ago I was given a letter from estate agents to leave property due to owner wanting to sell up. I was told to stay put by the council until it went to court, that was in 2013. nothing further happened.

 

 

In April this year I was given a section 21 notice from the landlord this time to leave the property, the estate agents have done a runner and just vanished (last year). the council again advised me to stay in the property until it went to court. the landlord has told the council he is evicting due to rent arrears! I was on full housing benefit and not working due to a heart condition. the council are saying because landlord has said he is evicting due to rent arrears they may not help, here is the problem I have with this...

 

 

1. the council originally told me I was to pay £25 per month rent top up, the estate agents made me pay £75 per fortnight (I still have all receipts) council reckons I was over paying agents now.

2. never have received any letter RE rent arrears from anyone

3. the estate agents vanished and my housing benefit was being paid to them direct not from me to landlord.

4.just over a year of estate agents vanishing my landlord is evicting me and mentions rent arrears but has given no letter or figure to either me or council and is actually ignoring the council.

5. landlord has given me a section 21 notice not a section 8 and the court letter I received was for an accelerated eviction that does not include or mention a figure of rent arrears.

 

 

can the council refuse to help me just based on the landlord saying there is rent arrears and with no proof or figures and it being my word against his. if he is out of pocket in anyway its not from me, it would be from the estate agents not paying him when or just before they vanished which surely cant be my fault as they were acting on his behalf not mine?

 

 

I don't know if I should make a full statement to the council or wait to see what they say and then appeal with a statement pointing out the key points as I have on this post.

 

 

any help is always appreciated

 

 

thanks

 

 

p.s. my deposit was secured so the eviction all seems legal.

[unclebulgaria67]

hi, 2 years ago I was given a letter from estate agents to leave property due to owner wanting to sell up. I was told to stay put by the council until it went to court, that was in 2013. nothing further happened.

 

 

In April this year I was given a section 21 notice from the landlord this time to leave the property, the estate agents have done a runner and just vanished (last year). the council again advised me to stay in the property until it went to court. the landlord has told the council he is evicting due to rent arrears! I was on full housing benefit and not working due to a heart condition. the council are saying because landlord has said he is evicting due to rent arrears they may not help, here is the problem I have with this...

 

 

1. the council originally told me I was to pay £25 per month rent top up, the estate agents made me pay £75 per fortnight (I still have all receipts) council reckons I was over paying agents now.

2. never have received any letter RE rent arrears from anyone

3. the estate agents vanished and my housing benefit was being paid to them direct not from me to landlord.

4.just over a year of estate agents vanishing my landlord is evicting me and mentions rent arrears but has given no letter or figure to either me or council and is actually ignoring the council.

5. landlord has given me a section 21 notice not a section 8 and the court letter I received was for an accelerated eviction that does not include or mention a figure of rent arrears.

 

 

can the council refuse to help me just based on the landlord saying there is rent arrears and with no proof or figures and it being my word against his. if he is out of pocket in anyway its not from me, it would be from the estate agents not paying him when or just before they vanished which surely cant be my fault as they were acting on his behalf not mine?

 

 

I don't know if I should make a full statement to the council or wait to see what they say and then appeal with a statement pointing out the key points as I have on this post.

 

 

any help is always appreciated

 

 

thanks

 

 

p.s. my deposit was secured so the eviction all seems legal.

 

If the Estate Agent has allegedly run off with money paid to them for rent, you should report this to the Police. The local council would expect you to do this, otherwise they might not believe you.

 

Once you have reported to the Police contact the local council to advise them of what is happening. That you will need emergency housing on the day you are evicted and for other permanent housing to be found after this.

 

If the council are not helpful, speak to Citizens Advice or local advice charity that helps with housing issues.

[kc1983]

The council are aware and the police that this estate agents are rogues.

The problem is the landlord is saying I have rent arreara but from day one housing benefit has been paid direct to estate agents.

 

 

Also I had to pay £25 per month rent top up but the estate agents made me pay £75 per fortnight in cash

and bank transfer to them direct (I kept receipts)

 

 

my issue is that I think the landlord is holding me responsible for any loss that the estate agents have caused

by not forwarding money onto them.

 

 

I'd be surprised if the council decide not to help me just because the landlord says the eviction is due to rent arrears

yet provides no warning or figures and then goes into hiding and ignored the council altogether.

 

 

The hole thing is dodgy but I'm still getting evicted so unsure what to do or how to push the council to see what has actually happened (they have seen receipts).

 

Thanks

[unclebulgaria67]

Think you need local help. Speak to your nearest Citizens Advice and also see if your local councillors can help. Don't see why you should suffer due to a dodgy estate agent. The landlord can evict and the council should provide new housing.

[silverfox1961]

Hi

I feel it would be very useful if you give Shelter a ring. They have a wealth of knowledge that could help you.

 

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

[obiter dictum]

Having been through this sort of thing recently, i might be able to help.

 

The issue i had with my original landlord was that i became Disabled, ill health retired from work and then onto Employment and Support Allowance. The landlord did not like this.

 

Anyway the first thing you have to inform the local authority housing department that you will be homeless on xyz date. This is most important so they can get a case file up and running. Do not wait until you are homeless.

 

You then fill in the application form to be housed by the local authority and then be allocated an official from the homeless persons unit. You are allocated accommodation on a points system. In my case it was 71 points. Being homeless and/or disabled helps. With me it had taken three months to be allocated a Local Authority Flat and as i was homeless and disabled, i spent three months in a residential hostel arranged by the Local Authority housing department.

 

One word of advice i will give is be totally honest with the Housing Department as they do check you out to the extent of knowing your shoe size. The more information you can give them including correspondents really does help . The Local Authority will probably be aware of this rogue landlord/estate agent anyway.

 

They do not care if you have any minor indiscretions/skeletons in your past. All they are interested in is that you did not make yourself homeless through intention and that you are not of an anti social nature.

[mikeymack2002]

There are now protections in place for evicting a disabled person. Please speak to your LA asap and see how they can help you resolve this issue, especially if the LL is claiming rent arrears and you have receipts that you paid what was due. I am about to add a PDF on homelessness and may be of use to you...

[kc1983]

hi, we are currently going through an eviction process. we received our court letter today saying we must leave by the 5th of october. i called the council and had a relayed message that our case worker at the council has put our application forward to be signed off by a manager, what does this mean? is it them accepting a duty to help or could it be to not help? its so hard to get an answer from the council where it doesnt mean 2 things.

 

thanks

 

a short insight to the situation

 

we were renting through an estate agents, they vanished along with many peoples money. the landlord tried blaming us for rent arrears even though we always paid via bank transfer to estate agents. the estate agents were acting on the landlord behalf not ours was my argument so any money owing is between the landlord and estate agents and not us and plus we have proof of paying like receipts. i hate the fact the landlord can just say "rent arrears" and it makes the eviction process a nightmare.

 

just to update i finally managed to speak to the lady who is dealing with us and asked if the application she put forward is a positive one in our favor, which she replied with "yes". hopefully her manager will agree and sign it off now and we will get help before our heads explode from this nightmare.

Edited September 10, 2015 by kc1983

[citizenB]

It seems that you have received an answer to your question from the Council - sounds as though it is going to be a positive outcome for you. However, do please keep us updated.

[citizenB]

As you have receipts for the money you paid for the rent, I do not see how you can be evicted for rent arrears ?

[obiter dictum]

Just been through this, not an eviction, but getting a local authority flat

 

What happens is that when you fill out the housing application you get assigned an individual housing officer which depends on your unique situation. Could be the roof collapsed on your existing place, you need accomodation because of a disability etc. It is His/Her job to gather the evidence and award housing points that you must attain before the housing association will even consider rehousing.

 

The housing officer makes the recomendation to her supervisor (Manager) if you are to be housed or not. He/She makes the ultimate decision but generally goes on the housing officers recomendations.

 

If He/She has passed the aplication to her manager then you have almost certainly got a placement

[kc1983]

hi,

my last post was regarding me being evicted by landlord.

 

 

the council have investigated and found that I have not made myself intentionally homeless and are currently sorting out rehoming us.

 

 

I have a £280 court fee to pay which is for the landlord taking me to court to evict

(accelerated repossession, court gave me 35 days not the 14 which landlord was trying for).

 

 

the court letters says I must leave property by X and must pay the landlord £280 by X.

 

 

I do not work at the moment as still not right from open heart surgery I had.

 

 

what method can I pay this £280 fee to landlord via bank as I don't have a lump sum of cash unfortunately,

but the court letter says the sum of £280 must be paid by a certain date

and I don't want any more stress or worry of the court being more involved or sending me more charges to pay.

 

thanks for help.

[mariner51]

In http://www.consumeractiongroup.co.uk/forum/showthread.php?399687-awkward-situation-with-getting-help-with-housing kc1983 said it was the g/f who had the heart problem and about to undergo heart surgery. Confusing!

 

 

However, if the £280 is not paid by due date, you will get a CCJ on your credit file for 6 yrs.

Poss sources for £280 could be :

1 put it on credit card

2 current account overdraft

3 pay day loan

4 borrow it from friends/family

5 pawn/sell something

 

 

At least the Council have accepted you are not 'intentionally homeless', so you are able to bid on properties, beyond emergency homeless accom.

Just for clarity please advise if you are the male kc1983 or the g/f.?

[dx100uk]

numerous threads merged for history.

 

 

dx

[stu007]

Hi

 

Have a read of this Citizens Advice link: https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/changing-a-court-order-for-debt/

[kc1983]

this is miss kc1983

but some posts are from partner.

sorry for confusion.

 

 

post 1&2 from what i can tell are not related to this situation as are old posts by partner who uses same log in :/

I will have to use a credit card then even though its for real emergencies

but it seems this has to be paid and there is no way around it like paying it off gradually

after reading about payday loans on here that is definitely a no.

[stu007]

Hi kc1983

 

Could I ask that if your partner wishes to ask advice that they register separately as this will prevent any future confusion.

 

Have a good read of the citizens advice link.