Restored possession order Council property.

[bev309]

I had rent arrears back in 2010. The Council took me to Court, and on 8th June 2010, a possession order was adjourned with liberty to restore. These arrears were paid off.

I have recently got into arrears again unfortunately and I have received a letter this morning letting me know that they have asked the Court to relist my case. As it happens, I also got a letter from the Court with the hearing date of 21st October.

I was already paying off these arrears weekly as per an agreement, I was unable to pay last week so I had been in contact with my rent officer (via email) to let him know that I would be behind and would make a double payment this week. I'd had no reply, so I assumed everything was ok. When I rang the Rent Office to query these letters, to my surprise, they told me that my Rent Officer had retired, so no-one had seen my emails, and that I had to clear the rent arrears of £386.24, plus £100 court fees that were on my account by the date of the hearing.

I rang back later on to query this and was told that if I made an agreement to pay my rent plus a certain amount off the arrears every week, then they would still go to Court, but they would apply for a 28 day possession order, which would mean as long as I kept to the agreement, I would be able to stay in my home.

I am now worried what to do for the best - I will struggle to pay off the arrears in full, but worry that if I don't, what the Rent Officer has said won't happen on the Court date & I will lose my home.

Can anybody offer me any advice with this situation (hopefully it makes sense, my mind is a bit jumbled at the moment!)

Thanks

[Amethyst]

Re: Restored possession order Council property.

Can you make an agreement to pay your rent plus a certain amount off the arrears every week ? If so you need to contact your rent office and discuss this with them and ask them to set it out in writing BEFORE the hearing date.

You could ask for a consent/tomlin order stating that you will make the payments (rent plus an amount to pay off the arrears) and if you renege on the agreement they get their 28 day possession order.

And then don't miss another payment - your rent needs to come TOP of the pile. You have already broken an agreement so they will want security that you don't break this new one.

You need to communicate with them and get any decision in writing to take with you to the court hearing.

[bev309]

Re: Restored possession order Council property.

Can you make an agreement to pay your rent plus a certain amount off the arrears every week ? If so you need to contact your rent office and discuss this with them and ask them to set it out in writing BEFORE the hearing date.

You could ask for a consent/tomlin order stating that you will make the payments (rent plus an amount to pay off the arrears) and if you renege on the agreement they get their 28 day possession order.

And then don't miss another payment - your rent needs to come TOP of the pile. You have already broken an agreement so they will want security that you don't break this new one.

You need to communicate with them and get any decision in writing to take with you to the court hearing.

Thanks for your reply.

I have spoken to a Rent Officer this morning as soon as I received the letters. I made an agreement with him to pay my rent plus an agreed amount per week to clear the arrears. I also made the double payment that I had promised previously.
The only thing I am worried about is if I cannot pay off the arrears in full (which I would prefer to do, but am unsure whether I can). Is there a chance that what the Rent Officer has said (they won't seek full possession) will be overturned by the Court & they will be granted possession of the house?

Sorry if this is a bit rambled, my mind is all over the place at the moment!

Thanks

[Amethyst]

Re: Restored possession order Council property.

Ahh ring the Rent Officer back and ask them to put the agreement you have made with them in writing to you.

It they don't ask for possession, the court won't grant possession.

When is your hearing ? YOu can put in a witness statement before hand, stating pretty much what you have said and that you have made a new agreement with the rent office.

[bev309]

Re: Restored possession order Council property.

Thanks again for the reply.

The hearing is on October 21st, I would rather it didn't get that far, as I will have more court costs to pay then on top of everything else!!

I will get back in touch with the Office on Monday and ask for the agreement to be put in writing just in case I can't raise the money in time, and I will look into the witness statement.

Thanks!

[Sparkie1723]

Re: Restored possession order Council property.

Hi bev309,
I am at somewhat of a loss here .....you say that the Council have a possession order on the property because yoyu have rent arrears................How can the Council apply for and obtain a possession order on proprty they already own.......doesn't make sense.............or are you confusing the issue because you are mixed up with all the pressure I know you must be under......Do you mean that they have obtained an eviction order?
Sparkie