Threat of eviction

[deband1980]

Good Afternoon,

Received a summons for repossession of property from Court on Saturday.

Two points and if anyone can help, the landlord who is a local authority have not followed the needed protocol to seek an order and there was an agreement in place.

The agreement to stop Court proceedings was based on an amount I paid each month, which would include an amount for arrears, in total £560.

I have never missed a payment since the agreement was agreed.

All the letters that I have received and subsequently filed clearly state no further action will be taking, which and I assume would be Court action if agreement is honoured, which has been the case.

Any advise on this matter would be appreciated.

[Amethyst]

Likelihood is they are after a suspended possession order for if you fail to keep up with the agreement. Is this the first possession application made to the court or is there already a suspended order in place? Have you received a notice to quit from them previously? Which parts of the protocol do you not feel they have followed ? How long ago did you make the agreement for repayment of the arrears with them? no slips at all since then?

Are you paying £560 a month ? or is that the amount of the arrears ? If you are paying £560 a month how much is your rent normally and how much were the arrears ? The application for possession is definitely on the grounds of rent arrears ?

Is this (the arrears) related to your issues with DWP ?

You will need to complete the Defence form, you can attach copies of the previous letters and evidence of your payments made to show you have stuck to the agreement.

[deband1980]

Hi and thanks for that,

Yes this is the first application they have made to the Court for repossession.

UC stopped paying housing element of UC for a period of three months Amethyst, and without reason, I informed the Council about this and asked them to intervene but they did not, part of the protocol I would assume would be an obligation for them to contact UC asking for the reasons why they had stopped paying the rent element for me to pay the Council, they ignored this and the £1,500 for rent that was owed still remains outstanding and part of the arrears, accordingly.

The £560 a month is for rent and that amount includes £102 for arrears, and it is definitely on the grounds of arrears.

Agreement was made about 6 months ago, and I have never missed a payment.

Giving the above about UC not paying the rent element of the claim for 3 months, these issues I would assume would be with DWP.

Thanks

[deband1980]

Could someone explain what a notice to quit is, and when does it get served, thanks.

[deband1980]

Well I have to admit, the advice giving on this forum is absolutely brilliant and I would highly recommend it to anyone seeking legal advise, you ask the question, you get the advice...