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Gourger20

Extremely worried - HA applying for warrant of possession - rent arrears.

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The date will be either 14 or 28 days after the court hearing.......but I expect it will be suspended


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If you have made any payments since handing in your N244 then you should take along proof of that payment to the hearing.


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It was adjourned for 14 days by the judge. HA Officer wanted to go for 7 days but Judge gave 14 days instead. After 20th September 2018, we'll be getting a new hearing date. By that time, the arrears will be cleared off in full.

 

HA Officer will also be coming up with some sort of plan going forward to stop the rent going into arrears in the future.

 

All in all, I guess it's over. 2 months of waiting finally coming to an end.

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So, my hearing is tomorrow (Thursday 6th September 2018) at 10AM and I thought I'd ask: if the hearing does not go my way, does that mean I will have to leave on this day, or will I have time to get my things together?

 

As it stands, the warrant is currently suspended in the mean time. I'm not sure how it works if the judge grants them the possession as the date of eviction was 4th September originally. Will they be able to carry out eviction on 6th September if I lose, or do they have to get a new date from the Bailiffs?

 

Appreciate any responses. Not sure how it works as usually people get hearings before their eviction takes place as opposed to having it suspended first and then getting a hearing date.

 

 

Hope everything is going well.

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Bit of a dilemma:

 

So the warrant was stopped and on the day of hearing (27th September 2018), the income officer pretty much demanded more than what the rent costs (£760 a month as opposed to £670 a month) to stop the rent going into arrears. I was stressed at the time and agreed because honestly I didn't want to fight any more. I didn't think I had a chance to fight it considering how he made it sound like it was his choice to stop the eviction. Plus, it was affordable. This payment is due on 11th October 2018 and every 11th of the month thereafter.

 

Today, I had an unexpected council tax bill to pay and this has meant I won't be able to make the full £760 this month. I'm still recovering from paying over £3,000 as well to clear the previous arrears.

 

So what I've done right now is pay the current arrears off of £400 (it's currently £381) making it go into credit for now.

 

My question is: can I now be evicted considering I have defaulted on the agreement due to unforeseen circumstances? I'll be able to pay the amount next month. I'm not in arrears at this time.

 

I will be contacting my income officer to inform him of this, but knowing how he was last time, I'm fearing that he will once again not agree and just go back for the warrant to be reinstated.

 

Advice appreciated. This is not what I wanted, but life strikes again.

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£760 a month. This was decided by the income officer. The judge asked if I agreed to this and I said yes. I just wanted it suspended, so I agreed. Plus, I felt it was affordable at the time. But the council tax bill that came on suddenly and unexpectedly has now disrupted that.

 

The rent arrears was at £381. I've paid £400 which puts it some pounds into credit.

 

I'm just worried that they'll go back to court even though the rent account isn't heavily in arrears simply because I defaulted on the agreement.

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In reality you shouldn't have agreed that figure because it obviously not affordable...thats why the judge asked had you agreed it.

 

" I just wanted it suspended, so I agreed." It would still have been suspended if you had objected and stated an affordable amount.

 

Council Tax bills dont suddenly appear...they are an annual charge which hopefully you pay monthly and factored into your budget...which should have been considered before agreeing the £760 a month.

 

 

Andy


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Yeah I realise that now. I was just under a ton of stress and wasn't thinking very clearly.

 

Am I basically screwed now then? I just want to know, put simply, if this means I will be evicted from the property now.

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I would speak to the income officer and try to agree something for this month only......but looking at it long term you cant maintain it so it will happen again......therefore you need to agree a new affordable amount through the court.


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I intend to do that. I've already paid £400 today to put the account into credit. I guess I'll just have to see what the income officer says.

 

I would try going to the court. However, I think it costs £255 to put the form in as opposed to £50 for stopping warrants. If I could pay the extra £255, I'd be able to pay the agreed amount, so that's not really an option at this time.

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