rent arrears, h/a are going to apply to county court

[desperadoCHIC]

Hi i was taken to court about 2 years ago due to rent arrears, i cant keep up with my rent when i work...

 

I am entitled to housing Benefit and have been in dispute with beds borough council since Dec...i feel like i have been talking to a brick wall, due to the unpaid rent i have a letter stating my housing association are going to apply for my eviction.

 

Where do i stand? What help can i seek?

[MrShed]

Who sued you, did they win, has it been repaid? Are you currently in rent arrears with the HA? How much rent arrears? Whats is your dispute with over HB?

[desperadoCHIC]

bedfordshire pilgrims took me to court i had to pay my arrears off weekly. i am entitled to housing benefit due to a low income bedford borough council are failing to acknowledge this after several attempts to contact them.i pay the arrears but the rent hasn't been paid....i am currently in rent arrears with the housing association...i have been keeoing in contact with my housing officer since this started in dec.

[desperadoCHIC]

£2000

[desperadoCHIC]

Hi

recent communication from BPHA states

"I have now applied to the County Court Bailiff for your eviction. I will contact you again once i have a time and date for your eviction."

 

I am continuing to pay my arrears, at this point can i come to an agreement with my housing officer?

 

What is the next step after this letter, will i be taken back to court or will they send me a date to leave the property?

[MrShed]

Why are the council saying you cannot get HB?

[desperadoCHIC]

They say my income was too high, but i know that it wasn't i was working for an agency and my income was varied

 

i.e

these are the weekly payslips

24/11/06 £212.97

01/12/06 £49.00

05/12/06 £30.42

08/12/06 £37.50

15/12/06 £112.24

29/12/06 £69.85

04-17/01/07 £236

17-31/01/07 £166

 

I was also in receipt of tax credits £180 per week my nursery fees were £125 per week

[MrShed]

Well, there is nothing you can do with the eviction other than get under 2 months in arrears before the court hearing....if you dont, then possession has to be granted by the court.

[MrShed]

Although, from reading that letter from the HA, it seems as though the hearing has already happened and they have been granted possession. Did you attend the hearing?

[desperadoCHIC]

Hi

Thanks for your help.

 

No there wasn't a hearing recently

 

There was a hearing two years ago which i attended

[MrShed]

Right OK sorry...I feel like I'm getting nowehere fast here! Just getting drips of info. Can you explain, from the beginning the FULL story, including but not limited to:

 

- Who your current landlord is.

- Who sued you.

- When you moved into your current property.

- If the current property is the same as the one you were sued for rent arrears over.

- What the monthly rent is.

- The total arrears currently owing.

- What exactly you were taken to court for prior, and what exactly the judgement was - ie was there any kind of suspended possession order given?

- What, exactly, HB have said to deny you HB.

- If you have had any notice of court proceedings, notice of eviction etc recently, what exactly the wording is of such notices.

 

I need a FULL chronological story of the issues here please!

[desperadoCHIC]

IM SORRY...

A couple of years ago Bedfordshire Pilgrims Housing Association my landlord took me to court due to the level of my rent arrears, on the same property i live in now. The judge went in my favour, i was told to pay £2.50 per week rent arrears deducted from my income support. I went back to work last year, lost my job and started temping for agencies, fell behind on my rent again i received a notice of seeking posesssion from bpha and kept them informed i was waiting on a hb and ct benefit claim to go through as far as i was concerned my income was low so i should be entitled it has taken 2 1/2 months to try and explain my circumstances to bedford borough counil iid send wages slips and letters and ring two weeks later it still hasn't been looked at. Bedford Borough Council have decided i earnt too much to receive benefit (earnings shown in previous post)....whi ch leaves me where i am with a county court posession and 2000 rent arrears. I have stopped work and i have an appointment with jobcentre tomorrow to make a claim for income support so my rent will be paid in full and my council tax will be paid...but thats only if i can remain in my home......I definitely have not received a letter to go to court.

 

 

I hope this is clearer

Thanx

[MrShed]

OK I understand slightly better now, still a couple of questions though:

 

- How much is your rent per month?

 

- Was any form of possession order(suspended) given during the first court case?

 

- How much of the judgement to you still have to pay?

 

- How long ago did you receive the notice seeking possession?

 

- Have they acted upon it as far as you know?

 

- Have you signed any tenancy renewals since the initial tenancy agreement?

[desperadoCHIC]

i moved into this property in sept 2002 my rent is £79.80 per week

[desperadoCHIC]

Yes ...i havent kept to the suspended posession order granted.

...i didnt receive a notice seeking posession (sorry about that)

on 10/01/07 i received a letter which stated because i have not kept to the suspended posession order, my tenancy had terminated and i am no longer the legal tenant.

Future payment are for use and occupation of the property only.

 

The acceptance of rent or any reference to a tenancy by the Association should not be regarded as created a new periodic tenancy.

 

If you do no contact me, i will have no option but to apply to thew County Court Bailiff for your eviction.

[desperadoCHIC]

I have been in contact with them and told then i was waiting on my HB claim to go through,so my housing officerwas in the picture with what was happening.....in the last letter where she says she has applied to the County Court Bailiff she states " Further from my previous letter (which would be 10/01/07 and telephone message???"....i did not receive a telephone message!!

[MrShed]

In that case, when the baliffs come you are out. No way around this unless you can find over £1300 in the next week or so...

[desperadoCHIC]

Thanx for your help, i have been in touch with my housing officer, who advised me i can get some help from housing aid

 

" I would reccommend that you go to Housing Advice at Bedford Borough Council and take with you the income and expenditure sheet. They can help you to book a hearing to ask to suspend the eviction and will discuss with you an amount to suggest for repayment"

 

i spent the entire day in the waiting room at CAB today, and they really were not helpful, so i will be visiting housing advice tomorrow.

[catw75]

you could apply to the County Court to have the bailiff's eviction warrant suspended, using form N244 or N245, Housing Advice will help with this. Get these forms from the County Court and form EX160 (for exemption from court fees, if you are eligible; take proof of income too) and take these to the advice centre. Also speak to them about legal representation in court, and asking the judge to adjourn on terms (on condition of you paying an affordable amount per week) while housing benefit problems are being sorted out. Try and get advice from a welfare benefits person too, who could chase the council up for your housing benefit.

[chaplinsbabe]

I don't know how Bedford HB work out your benefits but I would assume it is the same as Leicester. I have had years of arguing with them about my payments and am always having to work it out myself so I can make sure they aren't ripping me off.

 

from what I can ascertain from the info you have given you will be way over what the government says you are entitled to earn. I think this year its about £140 - £150 a week. Then everything else becomes excess income. In Leicester they multiple this excess by 0.60. This then gives you the amount you have to pay every week towards your rent. In your case it will be more than your rent of £79.80 so you will be required to pay all rent and council tax yourself.

 

I know this is really unfair and that maybe the government needs to look into these figures again but as it stands this is the law and unfortunately you are entirely liable.

 

I don't mean to sound horrible because I know what it is like to face eviction and be in a mess with your rent etc.

[desperadoCHIC]

Hi people

 

Thanks for all your great advice....just a follow up.

 

I am liable for the rent, i have been getting advice from c.a.b also have appointment with housing advice tomorrow. The C.A.B have completed a n244 for with me, i am taking that to the court today...received my eviction notice for 26/03/07!! Fingers crossed.

[babyash]

Hi desperadochic,

your post really has angered me.

1st you are on benefits but trying to work and get some sort of income, that in my opinion is admirable.

2nd you said something about nursery fees, that means you must have a young child.How can they even think of evicting you?

[babyash]

If they evicted you with children they would have to rehome you either in temp acc or b and b which would cost far more than your 97 a week now.

3rdly the bloody social services can take for ever and a day to sort things out. Take the eviction letter along to them and get them to sort out your benefits. If like one person said you have been earning too much I honestly do not think they can go that far, (not with kids).

4thly If they do evict you and put you into temp or b and b, go out and find a nice suitable place for yourself and child/children and get them to pay the rent.

 

I don't know if this has helped at all but from my own personal experience this is all I can offer.

 

Good luck.

 

babyashxoxox

[chaplinsbabe]

my friend did that where she lives when she had her baby. she was 17 at the time and her mum had thrown her out. they tried to put her in a hostel that was used by ex offenders etc so she went out and found a place (a one bedroom house) on the same estate she had grown up on and made the council help her with the rent

[babyash]

chaplinsabe morning,

exactly. Thats what I think desperadochic should do and to hell with all the rest. I know I have been there myself. Let them evict her, in fact I think she would be better off, unless of course where she is in bedford is really lovely and she wants to keep her home.

 

babyashxoxox