Friends Housing Association Eviction via Council

[Lea_HTH]

Firstly, the pre-action protocol that social landlords must follow is PRE action - it does not apply to a warrant of execution. There were quite clearly other proceedings involved here as OP is asking about staying an eviction. So, the pre-action protocol is irrelevant.

 

Stay application must be made on N244 - OP you will find this in the sticky created by Ell-enn at the top of this forum. Fill it in, submit it with a statement and a proposal for repayment and include an income and expenditure for HOUSEHOLD income.

 

From reading the information you have posted, it would appear that housing benefit (or more likely local housing allowance) has been reduced due to the fact that there are non-dependants living in the property. Such circumstances, where both are working, will reduce the available benefit quite drastically - often to nothing at all if the wages earned by each non-dependent exceed certain amounts. The non-dependents must help their mother pay the rent - either that, or they should move out so the mother's LHA/HB can be increased accordingly.

 

The biggest concern here is that £1000 per month is not a usual social housing rent - is it a private rental via a housing association? Security of tenancy is less assured in such cases.

[Lea_HTH]

Filing an N244 before the notice of eviction is received is £80 (there is fee exemption for those on benefits or low incomes), and £40 if the notice of eviction has already been received.

 

Caro: yes, there are hikes in social rents, but not usually as high as £1000, even in London a four bed social housing property would be at best £150 or under per week - social housing rents are heavily subsidised. OP: is the tenancy agreement an AST or an AT? I suspect the former.

[Lea_HTH]

Hi Lea

 

On the contrary the social landlord protocol argument (if they have not previously followed pre as you state) can be used as mitigation at a court hearing where the defendant is asking for the warrant of eviction be adjourned or suspended. I did this late last week at hearing when I needed all the help I could get against a determined social landlord rep and their solicitor (the case lasted a lot longer than the allotted 5 mins and the landlord thought they had the case in the bag as the rent arrears were in excess of £4000, they were wrong the District Judge adjourned the case on our proposals backed up by our arguments.

 

I think you'll find your proposals were what were persuasive - not the lack of following pre-action protocol.

 

 

When social landlords oppose applications to suspend (which they often do) they often use the argument that the defendant (tenant) has not co-operated or done this or that. I always check that the protocol has been followed both for possession hearings and applications to suspend warrants of eviction and use this as part of my defence where if in my opinion the protocol has not been followed properly especially where disability & health are concerned (I note that tenant mentioned here has suffered serious health problems and has been on sickness benefits.)

 

If the defendant didn't have representation at the hearing the possession order was granted at, or were not in attendance at the hearing, the the PAP argument might fly at a stay hearing - otherwise in my experience (several thousand cases), it doesn't.

 

I am aware when an eviction warrant has been obtained that there must have been other proceedings. I suggested more information would be needed as to the background of the case. I also put that it would be best to seek immdiate full advice and support due to the seriousness of the situation and stand by that.

 

I wasn't criticising your advice - it was good that you told OP to seek further advice - that is always sound advice to give.

 

I would not just advise that someone just fill in an N244 submit it with a statement and a proposal for repayment and include an income and expenditure for HOUSEHOLD income.

 

In social housing possession proceedings, household income where there are non-dependents in the household is hugely relevant. If, as you state below, you have been doing defence work for 14 years, you ought to know this.

 

For example they may not have to pay a fee and would need to complete a ex160 and provide proof of income, they may need advice and support with benefits, other debts that may be relevant, their financial statement so that their proposals that will be put in front of the Diastrict Judge are accurate and sustainable, they may also need help at court including representation. When making an application to suspend a warrant of eviction best to be fully advised and prepared.

 

They have to start somewhere - that somewhere is with the advice I gave - proposal, statement and income and expenditure for the HOUSEHOLD.

 

Advisers have their own methods and style, if it works it is OK by me

 

PS - I have been doing court work for more than 14 years

 

Best Regards

 

W

 

That's great - so have I been doing it for years and training others to do it. I'm secure in the advice I give.

[Lea_HTH]

All of that is extraneous Wintry - we could all post anecdotal information, it doesn't make it a legal argument and to state it in a way that makes it look as though it will fly in any court in the land is misleading.

 

I take it you're not a lawyer.

[Lea_HTH]

Hi

 

Who said it was a legal argument?

 

You have your opinions and can read into it as you wish.

 

Please don't try to put words into my mouth or misquote me, it does not work, I have heard it all before:)

 

W

 

You said it could be used as 'mitigation at a court hearing' - that's suggesting to the OP that it can be used in a court of law as a reason to get an adjournment. That's an attempt at a legal argument. You're not a lawyer, which is probably why you didn't get it.

 

I corrected your incorrect information, I suggest you get over that.

[Lea_HTH]

Thanks. The tenancy agreement is AT.

 

My initial advice stands - file the N244 with a statement, proposal for payment and I&E for HOUSEHOLD income.