Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun

And finally, wear a suit and tie to the court to make a good impression

[kilasuit]

Re: Yay more Fun

Wow I'm so happy to hear that you'll have a CAB person to speak for you in court tomorrow

Although I'm sure you can act humble at the hearing (fake it) I think having a professional advocate will get you a better result just in case

I'm not sure about magnolia though - I'm a fan of Farrow & Ball's 50 shades of white myself

its only as there is a fair few scuff marks on the wall that we got whinged at but if you ask me i reckon it should have been mark resistant paint or at least wipe-able paint

[PlanB]

Re: Yay more Fun

Received a lovely letter from the HA

Total Rent Arrears upto 16th October 2012 £1069

Also they've recieved the redetermination of HB which leaves a shortfall of £40.46 a week which is easily paid so no worries there.

Meeting CAB advisor @ 3 @ the Court and i think there maybe a pre court settlement as i suggested that i could clear the arrears and pay half their costs (total £169.50 at a max so about £85 on condition Proceedings are dropped and we can get back on the housing registers for now until i get back into employment.

I hope the above can happen as i think thats a fair trade.

Tempted to even say that i will redecorate (simple layer of magnolia) on the walls too.

Think thats reasonable?

Wow I'm so happy to hear that you'll have a CAB person to speak for you in court tomorrow

Although I'm sure you can act humble at the hearing (fake it) I think having a professional advocate will get you a better result just in case

I'm not sure about magnolia though - I'm a fan of Farrow & Ball's 50 shades of white myself

[kilasuit]

Re: Yay more Fun

Received a lovely letter from the HA

Total Rent Arrears upto 16th October 2012 £1069

Also they've recieved the redetermination of HB which leaves a shortfall of £40.46 a week which is easily paid so no worries there.

Meeting CAB advisor @ 3 @ the Court and i think there maybe a pre court settlement as i suggested that i could clear the arrears and pay half their costs (total £169.50 at a max so about £85 on condition Proceedings are dropped and we can get back on the housing registers for now until i get back into employment.

I hope the above can happen as i think thats a fair trade.

Tempted to even say that i will redecorate (simple layer of magnolia) on the walls too.

Think thats reasonable?

[Paul.]

Re: Yay more Fun

Kilasuit. You're repossession hearing is at 3.45 pm tomorrow and courts usually only sit until 4 pm which gives you 15 minutes to make out your case for staying in your home to the judge

I would use that time to convince the DJ that the problem of rent arrears can be solved in an instant because you now have the funds to pay them following your McDees' payout. Maybe take your bank statement with you to show the court that the money is there and you're not bluffing (unless you've already paid those arrears which would be even better). Point out that your HB is now being paid direct to the HA.

Then I would give the DJ all the reasons why as a loving family unit with nowhere else to go you deserve to stay put and not be made homeless. That will be so much better than attacking the other side for their procedural errors over the bank rent collection method. If you get time you should throw that in too (it's in your WS anyway) but maybe prioritise your need to have a home. Take along Paul's Supreme Court case law to support your argument.

With any luck you will be able to grab the Duty Solicitor when you arrive so he can speak on your behalf at the hearing. It'll be well worth it.

There's nothing more I can say except I wish you the very best of luck

The Court has to take stock and seriously consider whether it is appropriate to interfere with a family home.

If the arrears can be paid and the debtor can show that they are able to pay the rent on time then the Court would be overstepping the mark in allowing possession

[PlanB]

Re: Yay more Fun

Kilasuit. You're repossession hearing is at 3.45 pm tomorrow and courts usually only sit until 4 pm which gives you 15 minutes to make out your case for staying in your home to the judge

I would use that time to convince the DJ that the problem of rent arrears can be solved in an instant because you now have the funds to pay them following your McDees' payout. Maybe take your bank statement with you to show the court that the money is there and you're not bluffing (unless you've already paid those arrears which would be even better). Point out that your HB is now being paid direct to the HA.

Then I would give the DJ all the reasons why as a loving family unit with nowhere else to go you deserve to stay put and not be made homeless. That will be so much better than attacking the other side for their procedural errors over the bank rent collection method. If you get time you should throw that in too (it's in your WS anyway) but maybe prioritise your need to have a home. Take along Paul's Supreme Court case law to support your argument.

With any luck you will be able to grab the Duty Solicitor when you arrive so he can speak on your behalf at the hearing. It'll be well worth it.

There's nothing more I can say except I wish you the very best of luck

[jon1965]

Re: Yay more Fun

You should be able to because when you make the claim they will give you a certain number of weeks to produce a tenancy agreement. That's all the proof they need, you don't have to indicate you've paid 6 months in advance.

When I first claimed HB I had all sorts of problems because I owned a house (that I didn't live in) . My Mum paid my rent for me but eventually HB paid up with all the back pay, so they do not need to know ...I even told HB that I was getting grief from my landlord to get it sorted!

They WON'T! HB goes into *your* account, you then pay the rent by SO into their account. No way to find out.

I had the choice of payment to me or payment to LL. Of course many letting agents require references, mine didn't and he ended up with me!

Not always, LHAs in this area have remained the same for 3-4 years and, in some cases, they have actually DECREASED! Although most commonly adjusted in April, LHAs can change at other times too.

They can change on a monthly basis but generally only by a few pence

They can't! LHAs are calculated based on average rents, not the other way round. It used to be that if your rent was lower than the LHA you could keep up to £15/week but I believe that's no longer the case.

Rates of benefit aside I always thought it was stupid you could live in a cheap place and get £15 a week more than someone who lived in a slightly different area etc

[kilasuit]

Re: Yay more Fun

needless to say looking pretty dim for an outlook housing wise.

just had CAB advisor on phone and she is gonna try and crack a deal with HA although that looks like it will fail.

i just hope everything else goes ok this week

[Pixie]

Re: Yay more Fun

My HA always increases the rent in April...in line with the start of the financial year.

[kilasuit]

Re: Yay more Fun

It went from £91.87 a week to £96.96 a week, so nothing drastic but still it was more the principle of it all.

Kinda coincidental that the problem occured in April with the DD

[PlanB]

Re: Yay more Fun

Seems pretty much as tight as it could be

So they can just double your rent every April if they feel like it can they

Is there something in there about a cap/limit on any rent increase or how it will be calculated or what the calculation will be based on How much was the actual increase and was it affordable and fair

[kilasuit]

Re: Yay more Fun

1.6 The rent will be reviewed with effect from the first Monday of April following the commencement of this tenancy and on the first Monday of April in each year thereafter

Seems pretty much as tight as it could be

[PlanB]

Re: Yay more Fun

yeah there is for the first week of april

But you weren't on HB when you signed your tenancy agreement in July 2011 you were working for McDees; and you were still working for McDees in April so how come they can increase your rent if/when HB allowances change What does your tenancy agreement actually say about rent increases in case there's a small chance you've been overcharged rent which could put a spanner in the works for these possession proceedings on Thursday

[kilasuit]

Re: Yay more Fun

I should add that HB amounts usually increase each year in April so there may have been a link to reflect that change written into the tenancy agreement.

yeah there is for the first week of april

[PlanB]

Re: Yay more Fun

they acknowledge that they are receiving HB.


Though looking through it they have enclosed the original tenancy agreement which showed a lower rent than they current rent as they increased it in April

In fact should they have been allowed to increase the rent in the first 12months?

Only if there's a clause in the tenancy agreement which allows them to increase your rent It should also say by how much (a % is the norm) because how can you sign a 12 month legally binding contract to pay £XX per week in rent, only to find that after a few months it becomes £XXXX per week and you're stuck in the contract until it expires being unable to pay. Check through your tenancy agreement for a specific clause.

I should add that HB amounts usually increase each year in April so there may have been a link to reflect that change written into the tenancy agreement.