Statement of truth

[woody2024]

I have been a claim for possession of my property from my landlord the statement of truth has been dated as June 2023 however this claim has just been issued in June 2024 does this need correcting , also is the likelihood that the court will rule in favour of the landlord therefore I will be homeless , thank you

[atticus]

I doubt that will be seen as a significant error. If you want, you can print and send a replacement, explaining that the correction of that date is the only change.

[islandgirl]

We cannot say if the LL can make you homeless unless you give us more details - are you behind with rent? Did you get a formal s21 notice? Did you pay a deposit and was it protected?

[woody2024]

Hi thank you , my son who was living with me was involved with illegal activity after loosing his dad which is classed as anti social behaviour

[islandgirl]

not sure that is grounds for eviction unless the council are involved - what are the grounds on the notice and what is the notice - s21?

[woody2024]

Thank you the forms says under section 8 under grounds 12 and 14 , i am in an assured tenancy with a housing association

[islandgirl]

14 - The court can order possession on ground 14 if the tenant, or anyone living in or visiting the property has either:[26]

• caused nuisance or annoyance to anyone living in, visiting or carrying out a lawful activity in the locality
• caused nuisance or annoyance towards the landlord or someone employed (whether or not by the landlord) in connection with the landlord's housing management function
• been convicted of using the premises, or allowing them to be used, for illegal or immoral purposes
• been convicted of a more serious offence in the locality

12 The court can order possession on ground 12 if it is satisfied that the tenant has breached a term of their tenancy conditions. Ground 12 does not cover non-payment of rent. Common breaches of a tenancy agreement include:

• smoking
• taking in a lodger
• keeping a pet

Ground 12 is normally used for a breach of an express term that is written into the agreement. Implied terms, such as keeping the property in a reasonable state of repair, are covered by other grounds.

What breaches have you committed? This is not my area of expertise but usually S8 is not mandatory eviction. If you can convince a court you have "changed your ways" and remedied the breach and that you will be entirely homeless if evicted it may be able to be avoided but you need help. Get onto Shelter or a similar local organisation (CAB)

[woody2024]

Hi thank you , my son was arrested twice and giving a warning for possession of class b drug , i have advised my landlord i have now had my son move out and he is also seeking support from a recovery agency for his addiction but they said it has already happened

[islandgirl]

Hardly the crime of the century. He was not dealing I assume so no issues for neighbours of poor behaviour? Your S8 - is a hearing planned? Have you put in a defence? You may be able to defend eviction but will need the help of Shelter or the CAB. Also speak to your local councillor who should help you.
Are you up to date with the rent all all the other obligations of the tenancy?

[woody2024]

Hi i did have arrears but i am paying those back and have kept up with all payments etc my hearing is 31st July at a county court they said i will get free legal rep on the day but i will take your advice and seek help from shelter beforehand , thank you

[woody2024]

Also I have asked if i have ever had complaints of any kind from neighbours which they said i haven't which i did not think i had as i have never caused a nuisance as such

[islandgirl]

Exactly. You should defend yourself at the hearing but get advice first about how best to do this. If you have stuck to the payment plan, have not upset neighbours and can bring proof that your son has moved out and is seeking treatment you may have a chance of avoiding eviction but it depends on detais of course

[woody2024]

Thank you