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I've been a council tenant (1 bed flat) for 9.5 years.
My history consisted on arrears which would accumulate whenever I'm unemployed or out of work and last time the local council took me to court was 5 years ago in which we agreed part payments. That went on till I lost my job again so in 2012 November the council reactivated an automatic eviction notice under pretext that they don't need to get any from the court. I managed to clear off my arrears before they evicted me.
After that I got a part job which meant I paid couple of installments but this went on till they sent another EVICTION NOTICE on 15th of last month. The eviction stated that unless I paid out, the council would evict me on 25th of July. I owed around £930 which I managed to pay £990 by 24th...a day before eviction (I got a confirmation of payment reference and printed a statement from the council's website).
When the housing officer came with the courts officer she first accused me of subletting my flat I told her the burden of proof is on the council considering they've never written a letter to me on this subject, they've never called me for an interview and have never conducted any investigation on this subject at that point she apologized (I never said anything).
After this she stated that they've come to evict me as per eviction notice. I told her that I've cleared my arrears previous day and showed her the confirmation receipts sent to my e-mail by the council.
When she called the rents officer who checked and told her that they couldn't see any payments on the system
The housing officer advised I go to speak to the rents officer who in her opinion if they can confirm the payments then she would let me back in.
When the rents officer called me (after 3 hours) she said that there's inst much she can do and the decision has been made since its the 4th eviction notice so the order will stand even if I cleared my arrears before. I tried to reason with her and told her that for the first time in a long time, I've managed to get a full time permanent job which I started on 1st of July and I will be able to pay my rents on time and my employer had offered me monies to pay an advance of 6 months rent from this month. She flatly refused to accept my offer so since 25th I've been homeless, I sleep in a night bus and this issue has taken a toll on me mentally.
I believe that the council officials have acted unreasonably in refusing to cancel the eviction order given the rent account had brought up to date before the eviction date 25july. I had not breached any other terms of my tenancy and given that I had remedied the current breach. So I've taken legal action so the court makes an order to:
1. Cancel the eviction order
2. Set aside the suspended order for possession
I also wish to point out that l feel that I've been unlawfully evicted from my flat because when I returned at night I found that my locks had been changed which mean's I could not gain entry into the flat. There were no signs or notices put up on the flat to indicate as to why this had occurred and indeed who was responsible for this act.
Under the circumstances it can only be assumed that the council had failed to cancel the eviction order despite their knowledge of the above stated facts. In still I feel misled by my housing officer who attended my property and advised me to leave home to go and see my rents officer therefore enabling the bailiffs to gain access/entry to my property in my absence. So is it possible to ask the court to make an order so I could re enter my property?
I also wish to point out that the flat is once of those built in the 1960s and is about to be demolished and decanting officer had visited me for the re housing process in September which would involve the council paying us for the process.
Furthermore when the housing officer came she wrongly stated that she heard that I was subletting my property something which I've never done in since I moved in 9.5 years ago. When I asked her for evidence she couldn't offer any and she just apologized and said that's besides the main point so basically she was making false accusations which was quite unprofessional on her side.
I wish to point out that I checked the statement which I printed from the council website, it shows all my arrears were cleared on 22nd even though I cleared them on 24 and my eviction was (25th). Not sure why but I've printed it.
I took the following measures since then.
1. Complained to my local MP who asked two questions:
a) When did I clear my arrears
b) The payment reference numbers.
They told me they will make an inquiry with the council and would revert with any feedback.
2. I also went ahead to complain to the Councillor who is the Chair for the boroughs Housing Committee.
3. Contacted my local Shelter but from what I was told, that I'm ''intentionally homeless'', and since I have a job, I have no criminal records and single it means that I wouldn't be given a priority even though I've loved locally for the last 13 years.
4. Went to my GP and called the mental health line about my suicidal and all I got was a note from my GP. while the Mental health people said they would assist me in anyway they can but this will be on 9th.
5. Contacted a lawyer but she's not giving me enough attention since she's always busy and claim that she has a barrister on standby for Monday's hearing.
I wonder what are my chances in this subject.
My history consisted on arrears which would accumulate whenever I'm unemployed or out of work and last time the local council took me to court was 5 years ago in which we agreed part payments. That went on till I lost my job again so in 2012 November the council reactivated an automatic eviction notice under pretext that they don't need to get any from the court. I managed to clear off my arrears before they evicted me.
After that I got a part job which meant I paid couple of installments but this went on till they sent another EVICTION NOTICE on 15th of last month. The eviction stated that unless I paid out, the council would evict me on 25th of July. I owed around £930 which I managed to pay £990 by 24th...a day before eviction (I got a confirmation of payment reference and printed a statement from the council's website).
When the housing officer came with the courts officer she first accused me of subletting my flat I told her the burden of proof is on the council considering they've never written a letter to me on this subject, they've never called me for an interview and have never conducted any investigation on this subject at that point she apologized (I never said anything).
After this she stated that they've come to evict me as per eviction notice. I told her that I've cleared my arrears previous day and showed her the confirmation receipts sent to my e-mail by the council.
When she called the rents officer who checked and told her that they couldn't see any payments on the system
The housing officer advised I go to speak to the rents officer who in her opinion if they can confirm the payments then she would let me back in.
When the rents officer called me (after 3 hours) she said that there's inst much she can do and the decision has been made since its the 4th eviction notice so the order will stand even if I cleared my arrears before. I tried to reason with her and told her that for the first time in a long time, I've managed to get a full time permanent job which I started on 1st of July and I will be able to pay my rents on time and my employer had offered me monies to pay an advance of 6 months rent from this month. She flatly refused to accept my offer so since 25th I've been homeless, I sleep in a night bus and this issue has taken a toll on me mentally.
I believe that the council officials have acted unreasonably in refusing to cancel the eviction order given the rent account had brought up to date before the eviction date 25july. I had not breached any other terms of my tenancy and given that I had remedied the current breach. So I've taken legal action so the court makes an order to:
1. Cancel the eviction order
2. Set aside the suspended order for possession
I also wish to point out that l feel that I've been unlawfully evicted from my flat because when I returned at night I found that my locks had been changed which mean's I could not gain entry into the flat. There were no signs or notices put up on the flat to indicate as to why this had occurred and indeed who was responsible for this act.
Under the circumstances it can only be assumed that the council had failed to cancel the eviction order despite their knowledge of the above stated facts. In still I feel misled by my housing officer who attended my property and advised me to leave home to go and see my rents officer therefore enabling the bailiffs to gain access/entry to my property in my absence. So is it possible to ask the court to make an order so I could re enter my property?
I also wish to point out that the flat is once of those built in the 1960s and is about to be demolished and decanting officer had visited me for the re housing process in September which would involve the council paying us for the process.
Furthermore when the housing officer came she wrongly stated that she heard that I was subletting my property something which I've never done in since I moved in 9.5 years ago. When I asked her for evidence she couldn't offer any and she just apologized and said that's besides the main point so basically she was making false accusations which was quite unprofessional on her side.
I wish to point out that I checked the statement which I printed from the council website, it shows all my arrears were cleared on 22nd even though I cleared them on 24 and my eviction was (25th). Not sure why but I've printed it.
I took the following measures since then.
1. Complained to my local MP who asked two questions:
a) When did I clear my arrears
b) The payment reference numbers.
They told me they will make an inquiry with the council and would revert with any feedback.
2. I also went ahead to complain to the Councillor who is the Chair for the boroughs Housing Committee.
3. Contacted my local Shelter but from what I was told, that I'm ''intentionally homeless'', and since I have a job, I have no criminal records and single it means that I wouldn't be given a priority even though I've loved locally for the last 13 years.
4. Went to my GP and called the mental health line about my suicidal and all I got was a note from my GP. while the Mental health people said they would assist me in anyway they can but this will be on 9th.
5. Contacted a lawyer but she's not giving me enough attention since she's always busy and claim that she has a barrister on standby for Monday's hearing.
I wonder what are my chances in this subject.
to Legal Beagles. I assure you we will do whatever we can to help :grouphug:
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