• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Social Housing Reposession Order Validity

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Social Housing Reposession Order Validity

    Hi
    Can someone please tell me is this court order is valid? I was under the impression that the landlord has to specify under which section they are requesting a reposession i.e section 8/ 12/ 21.

    Please before anyone weighs in on me for not paying my rent, I have a history of anxiety and depression and I really just need some help navigating through this. I have suffered with my mental health for as long as I can remember and it is having a detremental effect on my ability to handle my finances. I have been under Mental Health Breathing Space (2022/23) and Standard Breathing Space currently.

    The Council were granted full posession of the property I live in 3 weeks ago, I am £6,000 in rent arrears, it's not the first time things have escalated to this point but I have managed to work my way out of the debt. I have a sick Grandmother, father, mother and a recently dceased brother (all Cancer related), whilst I have tried to support I have allowed my own financial responsibilities to lapse. So far, I have been unable to get support for myself, even from those who I have helped, so I find myself alone, about to be homeless. The Council won't acknowledge my Mental Health struggles, the courts over-looked them, and Charities I am told to go to for help provide basic to no information on how I can challenge the council/ courts on this posession order.

    When I attended court the Judge did not even take into consideration that StepChange were still reviewing my DMP, and my application fro Breathing Space was pending (it is now in place). I am being told by Solicitors that even if I do clear all of the arrears the Council could still proceed with the eviction, but I do not feel they have gone through the cirrect process to even be granted a full Posession Order.

    I am to return back to court after submitting an N244, but only received the new court date yesterday and am expected to be prepared to go back to Court next week Tuesday.

    The Duty Solicitor I had previously, misrepresented me and went on to lie when I challenged her about why she did not relay back to the judge the lump sum I offered to pay, instead she relayed a substantially lower figure without my consent, which the judge rejected. After speaking to a Solicitor today, he advised that evn if she had relayed the amount I had offered the judge could still have rejected it. So at this stage, I don't even know why I am bothering. I am trying to manage my Mental Health without the need for medication, but this farce is making me feel suicidal. What incentive would I have to clear the arrears if they could still make me homeless? Is this even true?

    If the Council did not complete the attached forms correctly in the first instance, how did it even get to a hearing? Is this one of those FAKE courts I keep hearing about? If so, how can they be allowed to get away with this sort of thing when it affects people health?

    Please I need advice urgently.
    Thank you in advance.
    Tags: None

  • #2
    Post up the Notice of Seeking Possession. (S83. Housing Act 1985)
    Post up the court Order.

    Comment


    • #3
      Originally posted by efpom View Post
      Post up the Notice of Seeking Possession. (S83. Housing Act 1985)
      Post up the court Order.
      Sorry I was redacting some personal info. It seems the Posession Order has the info I thought was missing. I was looking at the actual court papers where it isn't specified what section the poseesion order was requested under.

      Unfortunately, I did not read the Posession Order when it arrived, I've just dug it out now. I doubt I would have read it anyway as last year was when I was under Mental Health care and was not opening any mail or responding to any call/ emails.

      If you can offer any advice at all I would be very grateful, I'm totally lost with this. Looking at it now I can't believe I didn't read it :-(
      Attached Files

      Comment


      • #4
        Court papers
        Attached Files

        Comment


        • #5
          Additional court papers
          Attached Files

          Comment


          • #6
            The Notice of Seeking Possession is defective because 4 Particulars is blank.

            See Housing Act 1985 S.83(2)(c)

            https://www.legislation.gov.uk/ukpga/1985/68/section/83

            I note that you filed an N244, presumably to attempt to overturn the Possession Order.
            I also note that you are in court shortly, presumably to be heard on your N244 Application.

            If I was in your shoes, I would draw the court’s attention to:
            s.83 of the Housing Act 1985
            The fact that the Notice of Seeking Possession is defective because 4 Particulars is blank has the result that the court that issued the possession Order did not enjoy the legislative right to do so because of the effect of Housing Act 1985 S.83 at (1) “the court shall not entertain…....

            Comment


            • #7
              Thank you, I would not have noticed that omission.

              Thank you so much.

              Is there anythng in the court order that you feel is not valid?

              Comment


              • #8
                You did not post up the court Order.

                Comment


                • #9
                  posts #4 and #5 contain the court papers. Let me know if you can't see them and I will repost.

                  Thank you

                  Comment


                  • #10
                    Also, as I am in Breathing Space my LA can not contact me and the court case has been postponed until after breathing space has ended. So that give me a coupple of months to get this sorted.

                    Comment


                    • #11
                      Glad to hear you have a few months to sort out this matter.

                      I have read the "court papers" you posted up - I do not see the court Order in those documents.

                      Comment


                      • #12
                        Oh OK, I understand.

                        I haven't received a court order. The court granted possession to the council on 30th July, I have heard nothing since.



                        Comment


                        • #13
                          If the court has, in fact, granted an Order of Possession, I advise that you contact the court office and request that a copy of the Order be sent to you. Sometimes, there can be a delay between the Order being granted at a hearing of the possession claim, and the Order being processed by the court staff (HMCTS).

                          However, I am confused by your statement at #10 that the "court case has been postponed..." which, logically, can only mean that the court has not made a possession Order.

                          Comment


                          • #14
                            Originally posted by efpom View Post
                            If the court has, in fact, granted an Order of Possession, I advise that you contact the court office and request that a copy of the Order be sent to you. Sometimes, there can be a delay between the Order being granted at a hearing of the possession claim, and the Order being processed by the court staff (HMCTS).

                            However, I am confused by your statement at #10 that the "court case has been postponed..." which, logically, can only mean that the court has not made a possession Order.
                            I had submitted an N244 after the order was granted, on the advice of the duty solicitor, to request that the order be changed to a suspended order.

                            That hearing was scheduled for Tuesday 27th August, but a new hearing cannot take place while I am in breathing space. It is this new hearing that has been postponed until after my breathing space ends.

                            Comment


                            • #15
                              You have asked for comment on the existing Possession Order. That is impossible as you have not posted up the Possession Order that you have requested the court to vary from a, presumably, outright Order to a suspended Order.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X