House Repossession

[Dowie]

Hey everyone, I'm not sure if I have the correct section, but here goes.

 

I'm writing this on behalf of my cousin, she's got in arrears with her rent (it's a council house) and today she's received a repossession order and a court date.

 

She owes around £500, (not sure of exact figure). She was paying £240 a month, but last month could only afford to pay £220 and so the council sent the papers off to court.

 

I'm just wondering if it's likely she'll get evicted? She has lived in the house for 16 years

 

Any help/advice would be much welcomed. Thanks very much.

[calvi36]

You will find that eviction is the very last resort. She can prove she is attempting to pay. The judge will probably put in place rent monitoring, full rent and some arrears to be paid each month. If failure to pay continues then it starts to get more serious. Has she applied for housing benefit?

[jackieandwayne]

Your friend holds a secure tenancy if she is a Council tenant, or Assured if HA. On a secure tenancy, there is no mandatory ground that forces the judge to issue a possession order. I promise you that if your friend applies for an appeal hearing, no judge is going to go ahead with eviction for £20. She will be given another chance. This should eb the time to ask the judge to set the repayments at a more affordable level according to her income, at this stage it is very important not to over commit yourself. Prepare a financialmeans list to show him. It would be better if she could pay the missing £20 before the appeal it looks better. Also, once the arrears are paid, then I suggest she applies through the county court to have her secure tenancy reinstated at present she will be on an old Suspended Possession Order I should think. Last time I looked this cost about £30 and is something that sdhe will have to do as the landlord willnot do it for her. A secure tenancy is something to hang on to, it bestows all the rights in the book on your friend and she should do all that she can to keep it. Good luck, please let usknow how you get on - and please believe me - I have seen LA Housing Officer after LA Housing Officer come back from a last minute appeal on eviction day, very upset because once again the judge has stayed the eviction warrant.