Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

never did go to HOT on 4th but got bailiffs note for 10th jan @1:30

so to HOT on Monday/Tuesday

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

Very true there Jon!

[jon1965]

Re: Yay more Fun - Housing Association Rental Repossession

Oh dear not a nice letter to receive.
However on a positive note you know where you stand so can start making plans

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

I am a solicitor acting on behalf of Marches Housing Association and have been forwarded your email below in order to respond to your questions as follows:

1. The basis of seeking possession is service and expiry of a section 21 Notice Requiring Possession which entitles Marches Housing Association to possession, given that you entered into an assured shorthold 'starter' tenancy. When applying for a possession order in this way, it is not necessary to rely on specific 'grounds' such as rent arrears or anti-social behaviour. However, in terms of the Association's motives for serving a s21 Notice and obtaining a possession order, these include the numerous incidents of anti-social behaviour committed by you and the failure to pay rent on time.

2. No, clearing the arrears and paying the rent on time from now on would not stay the process of obtaining possession. It is the Association's intention to recover possession of the property following the possession order being made on 18 October 2012.

3. As per 1. above, the section 21 Notice was served on you after a comprehensive review of your conduct of your starter tenancy. The considerations taken into account by the Association included anti-social behaviour, rent arrears and your failure to take heed of warnings about your behaviour.

4. No, given the reasons for serving the s21 Notice on you and in turn obtaining a possession order against you, Marches will not consider you for a transfer to another property.

I hope the position is clear from these responses and that you will voluntarily give up possession of the property.

Regards

This was the response that i have received from Marches earlier on today.

So roll on Dec 4th when we go to council HOT

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

At the end of the day only i can get us (family) outta this mess and secure us something.

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

I sent them this email

It has been sent on to the legal team so should hopefully hear back sometime soon

That's a very good email In fact it doesn't sound like you at all

Seriously, it asks them to communicate with you on a new level which can only be a good thing. It's also something you can show a DJ if the HA applies for an Eviction Warrant which you have the legal right to oppose in court

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

What was your question to your HA

I sent them this email

Dear Rob,

I am emailing you with a few questions in relation to the possession order and hope that you can assist in answering these questions.

1. What are the exact grounds for Repossession?
2. Would clearing arrears and keeping upto date with current rent stay possession proceedings? Or is it of Marches intention to follow the Possession proceedings to the end regardless of any positive action by myself?
3. When requested for a background upto the issuance of S21 notice will Marches be stating ASB as reasoning for issuing S21 notice or will it be down to another reason? If so What may this reason be
4. Currently would Marches consider a transfer to another Property? Would this be conditional i.e. on basis of new Starter Tenancy and/or Arrears being cleared?
5. If question 4 would be considered is there a list of properties that can be forwarded?

If you could find out accurate answers to these questions i would be most grateful

It has been sent on to the legal team so should hopefully hear back sometime soon

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Although i did start an e-petition on removing s21 use from social and council landlords rights

That's an interesting point. But I worry it could backfire if social landlords then stopped providing Probationary or Starter tenancies if they know they couldn't get the tenant out (using s.21) at the end of the fixed term

That's the whole point of those tenancies (like the one you have) they're trial periods with no guaranteed permanent home at the end All other tenants are safe forever once they've successfully completed the qualifying period and been offered an Assured Tenancy agreement based on good behaviour

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Question have been passed to marches legal team so at least have been given a beginning to a response as opposed to being ignored.

What was your question to your HA

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

Question have been passed to marches legal team so at least have been given a beginning to a response as opposed to being ignored.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

Quick update


HB has been cancelled from 10th September as they needed partners payslips - these have been handed in yesterday so now awaiting them to re-process our claim.

Been on phone to Shropshire Homepoint and got an application for housing form which i have filled out and will send 2moro - this is the Choice based lettings that all the HA's advertise on

CAB advisor is gonna ring me at end of month as had nothing to update

HOT want details of how we got into arrears so am sorting a letter to go to them

keeping an eye on private rentals but still nothing within out budget atm

Just sent a few questions as suggested to Marches so will await to hear back from them although i'm expecting to be ignored totally.

Soldiering on although i would like to get everything done before Xmas as dont wanna think i need to look at moving in new year.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

No real update on this atm as kinda sidelined things in regards to looking for work alot more now.


Although i did start an e-petition on removing s21 use from social and council landlords rights

If you agree and hope that no one else has a similar experience the link to sign it is http://epetitions.direct.gov.uk/petitions/40642

Thanks

[PlanB]

Re: Yay more Fun - Rental Repossession

So i take it that general consensus is that i may have been ill-advised by CAB??

No. I think you may have misinterpreted what the CAB said.

I also think you didn't get my sarcasm

We all tend to hear what we want to hear. It's also easy to blame others for your own mistakes. This current situation is completely of your own making. Sorry, but I can't put it any other way.

[kilasuit]

Re: Yay more Fun - Rental Repossession

Are you sure you didn't misunderstand what the CAB were saying to you If I'd been your adviser I would have bundled you into my car and driven to the nearest ATM and then on to the HA to pay those arrears before your court hearing

I certainly wouldn't want to find myself in a position where you could sue me for making you *intentionally homeless* by giving bad advice.

From what you say your CAB advisor has not been the most useful and potentially given you damaging advice.

So i take it that general consensus is that i may have been ill-advised by CAB??

[jon1965]

Re: Yay more Fun - Housing Association Rental Repossession

You know I think you really are overthinking this...something I would never do

From what you say your CAB advisor has not been the most useful and potentially given you damaging advice.
You still have 2 months before you could be kicked out so a few suggestions
Have you talked to shelter?
Have YOU spoken to the HA asking questions such as,
what will be the exact grounds for repossession?
is there anything that you could do to stay that repossession?
If they are asked for a reference what would they put?
What would you need to do to get a better reference

I have an idea that if you go cap in hand and grovel they may give you the answers you need to get more social housing i.e not intentionally homeless

You need to remember that not all private landlords are great, mine is pretty shite in many ways , very tight only does essential repairs etc. I am on a rolling tenancy so I do not really want to kick up a stink . What I am saying is that the grass is not always greener.

Maybe if you ask nicely PlanB will help you draft a grovelling letter if that is withing her brief on here