Urgent court help - Repossession of council house

[rachferrit]

Hi I've lived in my council house with my 4 kids for over 20 years. I have had a few issues and have missed a few rent payments over the last few years. The council ( housing association) are now taking me to court in early Nov to repossess the house.

Last payment was missed in August 2017 . I set up a payment plan in Sept 2017 and haven't missed any since. The council however say they don't have a record of this payment plan! I have always worked but am on low wage and I have always struggled. Recently I had problems with tax credits and they made an overpayment which they took without notice. I had given them all my work details so it was completely their error. Then I had two emergency pet bills as my beloved dog had to be put down

I live here with my three kids and desperately don't want to be evicted. The youngest is at college and the others are older

Any advice very much appreciated

Thanks

[Crazy council]

Re: Urgent court help - Repossession of council house

Hi

Need a few details

whats notices has been served ( what section 21, 8 or another )
Whats your current total arrears
You say you have been there 20 years, do you have your origional contact copy, or does the council )
Has there been any court action so far ( are you on suspended possession order )

[rachferrit]

Re: Urgent court help - Repossession of council house

Hi

Thanis for the reply

I don't think any notices have been served. Just says claimant is claiming possession, and also a claim for money. Never had court threatened before now. But I went into the housing office in Sept and came out with a payment plan ( which I've met since) so don't understand all this now

Total arrears £1126

Yes I have tenancy agreement from 1996


Thanks for your help

Hi

Need a few details

whats notices has been served ( what section 21, 8 or another )
Whats your current total arrears
You say you have been there 20 years, do you have your origional contact copy, or does the council )
Has there been any court action so far ( are you on suspended possession order )

[Crazy council]

Re: Urgent court help - Repossession of council house

Hi

Need to know what the paperwork says, it sound like a claim for possession, what date does it give you till

[Amethyst]

Re: Urgent court help - Repossession of council house

Would you be able to take a picture of the letter you have had and either post it up here ( blank out your personal details first !) or email me admin@legalbeagles.info

Give Citizens Advice a call too and see if you can get an appointment asap xxx

[Kafka]

Re: Urgent court help - Repossession of council house

Try ringing Shelter as well. In my experience they are quicker to respond than CAB and give excellent support.

[Diana M]

Re: Urgent court help - Repossession of council house

My suggestion is to call Shelter's free Legal Advice Line on 0808 800 4444.

Also check to see if you're entitled to CLA (Civil Legal Advice) which is part of Legal Aid. You can call them on 0345 345 4 345 or use their website checker > https://www.gov.uk/civil-legal-advice

I would also go back to the Housing Office to see if you can revive the agreed payment plan. If they've made an error or lost the paperwork etc then make a complaint to the housing association.

If that's not resolved you can escalate your complaint to the Housing Ombudsman but they may not investigate if court proceedings have already started. Ring them first to see what help they can offer on 0300 111 3000 or read about the process on their website > http://www.housing-ombudsman.org.uk/.../#.Wfh50Gi0OyI

If the HA has already issued proceedings then you need to file a Defence before the hearing. You need to go to the Hearing so get there early and ask to see the 'Duty Solicitor' who may be able to speak for you in court.

Hopefully things won't get that far if you take control of the situation now with Shelter's help.

Di

[rachferrit]

Re: Urgent court help - Repossession of council house

Hi

Need to know what the paperwork says, it sound like a claim for possession, what date does it give you till

Hi

Yes I have a claim form for possession of property

They sent a letter previously warning of court proceedings, then they sent me an appointment in early sept to discuss the situation. We agreed a payment plan at what they suggested and then two months later I get a court letter.

I think ink this is unfair as one of their clauses says that if an agreement is made and kept the landlord should post phone court proceedings. Do I have any grounds to request this now or us it too late?

Court date is 8th Nov

I can't afford the court fees

Thanks so much

[rachferrit]

Re: Urgent court help - Repossession of council house

My suggestion is to call Shelter's free Legal Advice Line on 0808 800 4444.

Also check to see if you're entitled to CLA (Civil Legal Advice) which is part of Legal Aid. You can call them on 0345 345 4 345 or use their website checker > https://www.gov.uk/civil-legal-advice

I would also go back to the Housing Office to see if you can revive the agreed payment plan. If they've made an error or lost the paperwork etc then make a complaint to the housing association.

If that's not resolved you can escalate your complaint to the Housing Ombudsman but they may not investigate if court proceedings have already started. Ring them first to see what help they can offer on 0300 111 3000 or read about the process on their website > http://www.housing-ombudsman.org.uk/.../#.Wfh50Gi0OyI

If the HA has already issued proceedings then you need to file a Defence before the hearing. You need to go to the Hearing so get there early and ask to see the 'Duty Solicitor' who may be able to speak for you in court.

Hopefully things won't get that far if you take control of the situation now with Shelter's help.

Di

Hi Di

ok thanks for the signposting I will contact them

I would ideally like it not to go to court as I
1can't afford the costs,
2 feel it's unfair anyway as I had arranged and stuck to my payment plan
3 suffer with anxiety and don't want to go to court

Question
can I get it thrown out of court as I had arranged a plan?
I will do a defence the letter says I can do it up until the day of court although they may add costs for this

thanks

[Diana M]

Re: Urgent court help - Repossession of council house

I have a claim form for possession of property

They sent a letter previously warning of court proceedings, then they sent me an appointment in early sept to discuss the situation. We agreed a payment plan at what they suggested and then two months later I get a court letter.

I think ink this is unfair as one of their clauses says that if an agreement is made and kept the landlord should post phone court proceedings. Do I have any grounds to request this now or us it too late?

Court date is 8th Nov

If there's a clause in your tenancy agreement which says they won't go ahead with legal proceedings if you enter a payment plan then make that clear to the court.

What evidence do you have that you've kept to the plan even if the Housing Association are acting as if there was no agreement in place?

Do you pay by bank transfer or cash etc and have you got proof of those payments?

I would ask the HA to consent to an Adjournment of the Hearing while you get legal advice/help (from Shelter so no cost to you at this stage). Make your request in writing and keep a copy. Have they instructed solicitors to act for them and if so who are they?

If they don't agree to adjourn (to a later date) then you can ask the Judge for an Adjournment at the beginning of the Hearing and make him aware that you did ask them first.

If the court can see that you're meeting your current rent payments and making an effort to reduce the arrears you may be able to achieve a Suspended Possession Order. That means the HA can't have possession unless you breach the terms of the Order.

You say you have 3/4 kids living with you and the youngest one is at college. Do the three older ones contribute to the household expenditure if they are in work etc? Would any of them be able to help you with these rent arrears? It's quite rightly none of my business how your family members manage their finances but they may be willing to help.

Is the property in good condition or are there any repairs needed or maintenance issues that the Housing Association should be fixing?

Di

[Diana M]

Re: Urgent court help - Repossession of council house

I don't think any notices have been served. Just says claimant is claiming possession, and also a claim for money.

. . . . Total arrears £1126

I have tenancy agreement from 1996

Is that arrears sum more or less than the equivalent of 8 weeks' rent (if you pay weekly) or two months' rent (if you pay monthly)?

The HA cannot get possession if it's less at the time of the Hearing (or at the time the Notice was served) so if it's touch-and-go see if there's a way to reduce the arrears to below the limit (not clear them) without causing you hardship.

They must serve you with a Section 8 Notice for the possession claim to be valid. You say they've not done that. The court needs to be told in your Defence.

Read this on the Shelter website to help you gain some insight into your legal rights as an Assured Tenant >

https://england.shelter.org.uk/housi...ssured_tenants

Di

[Crazy council]

Re: Urgent court help - Repossession of council house

hi

The HA cannot get possession if it's less at the time of the Hearing (or at the time the Notice was served) so if it's touch-and-go see if there's a way to reduce the arrears to below the limit (not clear them) without causing you hardshi

That stops mandatory eviction, but if they have items 10 and 11 as well, you can still be evicted.

I would email the agreement you made, or the details of it if you didnt get any paperwork to the legal dept of your council. Ask them to withdraw. If they wont, you will need a full print out of your accounts asap

[Diana M]

Re: Urgent court help - Repossession of council house

That stops mandatory eviction, but if they have items 10 and 11 as well, you can still be evicted.

Grounds 10 and 11 are Discretionary not Mandatory.

Perhaps I should have made that clearer when I referred to the potential for a Suspended Possession Order.

Di

[rachferrit]

Re: Urgent court help - Repossession of council house

Hi just to report back I contacted shelter who were excellent. They said I would qualify for legal aid so I got representation from a loyal solicitor.

He he tried to agree an adjournment on terms prior to court on the grounds that they didn't follow the pre court protocol that proceedings should be stopped if a suitable payment plan was agreed and kept to. They refused this it the same was agreed outside the court room on the day. So adjournment on terms - I am not evicted and have to keep to the payment plan

thanks for everybody's advice it is so much better with legal advice. Even if I didn't get legal aid the person I spoke to at shelter gave me pretty much the same advice as the solicitor

thanks all 👍🏻👍🏻

[Amethyst]

Re: Urgent court help - Repossession of council house

That is good news. Well done to Shelter & your legal aid solicitor and booooo to your council who acted so unreasonably.