Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun

You've already made a formal complaint to the HA and had a formal response. Can't you now refer this complaint to the Housing Ombudsman as suggested in post # 93 in this thread back in August, because then the HA may have to adjourn or stay the possession proceedings until that investigation has been completed. That's the general idea anyway

http://forums.all-about-debt.co.uk/s...1&postcount=93

You can ring the Housing Ombudsman on 0300 111 3000 for advice, and here's details of how their complaints procedure works

http://www.housing-ombudsman.org.uk/...?ssid=17&nm=19

[kilasuit]

Re: Yay more Fun

Because of the section 21 claim which gives the Landlord the automatic right to take the property back at the end of a fixed term and not the arrears situation I presume

That still leaves you with the chance of getting a voluntary agreement with the HA to let you stay another 3 - 6 months so long as you clear the arrears and promise to behave

If the court orders possession for 42 days after the hearing on 18th October that'll take you up to 29th November. Tha HA will then have to apply to the court for a warrant to evict you which can take up to six (weeks depending on how busy the court is). Most courts have an amnesty for not issuing bailiffs' warrants over the Christmas period so you could be looking at the first week of January next year. I'm only speculating because I hope a deal can be done with your HA before it gets that far

CAB have attempted negotiations and still dont think that there is any chance of us reaching any agreement at all.

Think the clear cut of it is that they want us out. Regardless of anything else.

[PlanB]

Re: Yay more Fun

CAB dont think i can do anything at all except ask for the maximum of 42 days???

Because of the section 21 claim which gives the Landlord the automatic right to take the property back at the end of a fixed term and not the arrears situation I presume

That still leaves you with the chance of getting a voluntary agreement with the HA to let you stay another 3 - 6 months so long as you clear the arrears and promise to behave

If the court orders possession for 42 days after the hearing on 18th October that'll take you up to 29th November. Tha HA will then have to apply to the court for a warrant to evict you which can take up to six (weeks depending on how busy the court is). Most courts have an amnesty for not issuing bailiffs' warrants over the Christmas period so you could be looking at the first week of January next year. I'm only speculating because I hope a deal can be done with your HA before it gets that far

[kilasuit]

Re: Yay more Fun

Im going to try and get into CAB later on 2day and see if i can get something like this arranged.

Ideally they drop the claim etc etc and we manage to get to another SL within 2 months max

Though i can see that not being the case

CAB dont think i can do anything at all except ask for the maximum of 42 days???

[kilasuit]

Re: Yay more Fun

If the HA is getting HB direct and you enter into an agreement to pay the arrears then CPR Pre-Action Protocol says: "if a tenant complies with an agreement made after the issue of proceedings to pay the current rent and a reasonable amount towards the arrears, the landlord should agree to postpone court proceedings so long as the tenant keeps to such agreement".

http://www.justice.gov.uk/courts/pro..._rent#IDAJJ0HC

You say there's a £15 per week shortfall in HB paid to the HA due to a previous overpayment which is being clawed back. If you can manage to pay that £15 from now on plus a "reasonable" amount towards those arrears then you may still be able to rescue this situation. If the CAB approach the HA on your behalf this could be negotiated. You'll need to sign a letter of authority for them to act on your behalf and give a copy to the HA (it's a Data Protection thing otherwise the HA can refuse to talk to the CAB).

Why not give that a go

Im going to try and get into CAB later on 2day and see if i can get something like this arranged.

Ideally they drop the claim etc etc and we manage to get to another SL within 2 months max

Though i can see that not being the case

[PlanB]

Re: Yay more Fun

Yeah its paid 4 weekly in arrears to the HA.

If the HA is getting HB direct and you enter into an agreement to pay the arrears then CPR Pre-Action Protocol says: "if a tenant complies with an agreement made after the issue of proceedings to pay the current rent and a reasonable amount towards the arrears, the landlord should agree to postpone court proceedings so long as the tenant keeps to such agreement".

http://www.justice.gov.uk/courts/pro..._rent#IDAJJ0HC

You say there's a £15 per week shortfall in HB paid to the HA due to a previous overpayment which is being clawed back. If you can manage to pay that £15 from now on plus a "reasonable" amount towards those arrears then you may still be able to rescue this situation. If the CAB approach the HA on your behalf this could be negotiated. You'll need to sign a letter of authority for them to act on your behalf and give a copy to the HA (it's a Data Protection thing otherwise the HA can refuse to talk to the CAB).

Why not give that a go

[kilasuit]

Re: Yay more Fun

If memory serves me, you said HB was paid directly to the HA.

Yeah its paid 4 weekly in arrears to the HA.

[kilasuit]

Re: Yay more Fun

HB is being paid 4 weekly in arrears

[PlanB]

Re: Yay more Fun

I've looked at the Rent History in that summons again and it shows no rent paid between 27th August and 10th September Is this because of a problem with your Housing Benefit which I think you said was being paid direct to the HA or is it being paid as an allowance direct to your bank account

If there is anything technically wrong with that summons then you stand a chance of getting the claim dismissed

It also refers to an arrangement to pay the arrears. Is that a previous arrangement for previous arrears, or does that relate to the current arrears because if there is a current arrangement in place a court would consider a suspended possession order on the condition that you keep to the arrangement.

[PlanB]

Re: Yay more Fun

Claim PDF attached

[ATTACH]6154[/ATTACH]

Point 4 in the POC states: "The reason the Claimant is asking for possession is: Expiry of a notice pursuant to s21 of the Housing Act 1988 and rent arrears". It looks as if the HA has covered both bases I'm afraid

But you can get a bad s.21 Notice just like you can get a bad DN so get that checked out a.s.a.p. (Did you keep the envelope as proof of service?) Take it to the solicitor or the CAB for an opinion because it's surprising how many possession proceedings get slung out on the back of a faulty s.21 Notice You've got nine days left to fix this which could still happen if you get advice from the pros

[kilasuit]

Re: Yay more Fun

Claim PDF attached

Claim.pdf

[PlanB]

Re: Yay more Fun

Needless to say this thought had ran through my mind.

I'm still not sure that they are seeking repossesion under S21 so will scan and upload the court papers in a short while.

Why does that not surprise me

Didn't you take the court papers to the solicitor today because they're the best people to ask about the grounds for seeking possession All I remember is that you posted up a section 21 Notice which you received in June because your tenancy agreement was due to expire in August

[kilasuit]

Re: Yay more Fun

I probably shouldn't say this but if you're planning on moving into the private rental sector and not relying on the council to re-house you, is there any advantage for you to pay off those rent arrears in one go before the hearing The arrears sum won't evaporate once the HA has obtained a possession order but you can probably pay them back by instalments over months or years if you're on benefits. Ask the CAB if you can do this.

The only reason to pay them off a.s.a.p. was to (a) prevent the possession order under section 8 (arrears) but that's been scuppered because you've noticed that they are also seeking possession under section 21 (no fault) which has no defence, and (b) to avoid being labelled *intentionally homeless* due to rent arrears so the council won't re-house you.

You need professional advice on this because you could end up homeless if you get it wrong

* Disclaimer: I'm only giving you information so you can go and ask the right questions from legal advisors (CAB, Shelter and/or your solicitor) who will give you the right legal answers - I am definitely not giving you advice I'm simply giving you ideas to check out *

Needless to say this thought had ran through my mind.

Hence at present me not actually paying arrears off but setting an equivalent amount aside.

Also on the RA's basis i reckon i can argue that the RA's built up due to their fault and subsequent failings to follow my request to re-confirm the DD on the correct date and then subsequent denial and refusing to acknowledge this failure.

I'm still not sure that they are seeking repossesion under S21 so will scan and upload the court papers in a short while.

[PlanB]

Re: Yay more Fun

Apparently have pretty much no defence at all.

Off to grab the rental lists from the estate agency's

I probably shouldn't say this but if you're planning on moving into the private rental sector and not relying on the council to re-house you, is there any advantage for you to pay off those rent arrears in one go before the hearing The arrears sum won't evaporate once the HA has obtained a possession order but you can probably pay them back by instalments over months or years if you're on benefits. Ask the CAB if you can do this.

The only reason to pay them off a.s.a.p. was to (a) prevent the possession order under section 8 (arrears) but that's been scuppered because you've noticed that they are also seeking possession under section 21 (no fault) which has no defence, and (b) to avoid being labelled *intentionally homeless* due to rent arrears so the council won't re-house you.

You need professional advice on this because you could end up homeless if you get it wrong

* Disclaimer: I'm only giving you information so you can go and ask the right questions from legal advisors (CAB, Shelter and/or your solicitor) who will give you the right legal answers - I am definitely not giving you advice I'm simply giving you ideas to check out *

[PlanB]

Re: Yay more Fun

Apparently have pretty much no defence at all.

Off to grab the rental lists from the estate agency's

I'm sorry to say there is no defence to section 21 but you can try to negotiate your leaving date with the HA to avoid an eviction

If you pay off the arrears before the hearing you should only get a possession order on the Grounds of s.21 with no reference to arrears written into the order so you shouldn't be deemed *intentionally homeless* by the council. The order will state the date by which you are supposed to leave the property. Did you put the maximum 42 days on that form otherwise it may be as little as 14 days? If you don't go voluntarily on that date (and why should you) the HA will have to get the court bailiffs to evict you and they'll need to apply for a warrant from the court first.

Read this http://england.shelter.org.uk/get_ad...steps_involved

But as soon as you get the possession order go immediately to your local authority housing department with a copy of the order and they should start the re-housing process before your eviction date. Some councils will wait until you have the Warrant for Eviction before they act on their statutory duty to re-house you.

Whatever happens a warrant should give you a minimum of five days notice and in some circumstances you can apply to the court for a delay.

I still think there is time to plead with the HA for a mutually agreed 'out date' but leaving by consent may not give you the automatic right to remain in social housing as you may not be considered priority if you're not facing eviction.