Eviction - Section 8

[KeithM]

Hi, Hope someone can help.

I went to court this morning to defend a possession order.

 

It was above section 8 but before the hearing we got it to £300 below section 8.

The Judge said he wouldn't accept the £500 figure made 2 hours before the hearing and the landlord claimed he hadn't received a furthered £600 from October even though the Halifax building society gave me proof that it had gone out my account and the Judge saw that.

 

We had the Duty Solicitor who didn't say what we wanted her to say and didn't defend us. Also the Judge did not let us speak so for example the boiler has not worked since June. I and my brother has text him to ask him to fix it. He told the Judge he fixed it in June, he didn't and I had texts from July and August asking him to fix the boiler.

 

Is there any help or any advice that someone can give us. We expect the eviction order in a couple of days Thanks.

 

 

5:06pm: Can you believe after I posted before the landlord who swore blind to the Judge that he fixed the boiler in June even though we had proof he hadn't, has now text to ask when can he come and fix the boiler. Lying Sod!

Edited December 7, 2015 by citizenB
new information - formatting

[KeithM]

Thanks for that but my point is, if there is any help or any way to get it suspended?

I don't want to name and shame her, she is from the local law centre and she just took no notice of us regarding monies paid and the boiler.

[citizenB]

all of britishlebanese posts along with associated responses have been moved to a thread of their own.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?456720-britishlebanese-v-the-legal-profession&p=4831011#post4831011

[citizenB]

Keith, can you explain a little more about the problem so people can advise correctly.

 

This is a rented property which you are being evicted from, yes ? On what grounds did the Landlord obtain the possession order. At what point did you bring in the boiler issue ?

[KeithM]

Yes the property is rented and he is obtaining the possession order on the grounds of Section 8 due to rent arrears being over 2 months.

The boiler problem was first mentioned months ago in June to the landlord and when he told the Duty Solicitor about the boiler she didn't say anything about how we have proof that the landlord was lying when he said he sent someone in June to look at the boiler and said it was find. I told the Duty Solicitor that if it was fine then why did I text him again in July and August. the DS didn't say anything and seen as the Judge did not allow my brother or I to speak we could not say anything.

Hope this information helps.

Thanks

[citizenB]

Is this the reason you went into rent arrears ? I rather suspect that the Judge is considering the boiler to be a side issue and nothing to do with the reason you are in arrears !

[KeithM]

Hi, We were given advice that we shouldn't pay the rent because the boiler was broken and it would be a way to get his attention seen as he wasn't responding to our texts.

Also my brother is on housing benefit and it got suspended so that's why he wasn't able to pay the rent and therefore was in arrears.

We tried to tell the Judge that but he wouldn't listen/let us talk to tell him as the landlord said that there was no housing benefit involved but of course there was.

[citizenB]

Oh no... !! I rather suspect, as you have discovered - that this was not the way to go. With-holding rent in order to encourage a landlord to do work that he is very likely legally obliged to do is only going to end in tears.

 

Have you spoken to Shelter ?

 

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

 

I think they also have a free helpline, you will need to check out their website for that.

[SabreSheep]

Sadly with a section 8 the only thing the judge may take into account is if there are rent arrears or not.

The judges hand is tied

 

Im sorry you received bad advise from somewhere