Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun

is it a notice seeking possession issued under the housing act?

I have missed this in its entiraty as there is No mention of the housing act at all in this letter.

will post up now.

[kilasuit]

Re: Yay more Fun

This is the letter and could this thread be moved to the protected section please

[PlanB]

Re: Yay more Fun

This is the letter and could this thread be moved to the protected section please

What is the date on the Notice of Possession by which they want you to give up the property. They have not yet issued court proceedings for possession so this is just a sort of LBA. There is time for you to come to an agreement with your HA.

I'm rushing out now but I think I posted up some of the Shelter's contact details earlier in your thread. You need someone to intervene on your behalf. Someone that the HA will sit up and take notice of. That Notice is dated 30th June so you'll need to get your skates on

Even if you decide you don't want to live there any more it's better to get this sorted so that you leave on your terms on a date that suits you

Even if it goes to court it can take at least 3 - 4 months before a warrant for eviction can be issued and baillifs get involved. No need to start packing yet

[PlanB]

Re: Yay more Fun

I have missed this in its entiraty as there is No mention of the housing act at all in this letter.

will post up now.

I forgot to say that you can defend these possession proceedings (if they get issued) so that's why a lawyer is essential. If you're on benefits you will be entitled to Legal Aid once possession proceedings have been issued. The first thing a solicitor should look at is whether that Notice (and the Claim when/if it comes) is 'bad'. You can have 'bad' Possession Notices just like you can have 'bad' Default Notices

[PlanB]

Re: Yay more Fun

This is the letter and could this thread be moved to the protected section please

Mods. Kilasuit has left his home address on the top of that repo letter so maybe that bit should be removed

[PlanB]

Re: Yay more Fun

Shit. I've just read that letter again and noticed that you've been given 14 days to appeal against that Notice of Possession from Shakespeares solicitors which expires today

There's a telephone number on the bottom of that letter which belongs to the HA which the solicitor says you should ring if you have any queries about the possession proceedings they intend to issue. If it was me I would call them immediately and tell them that you intend to appeal against the Notice and you are awaiting an appointment with the CAB who will provide you with legal representation. If you don't do this then I'm guessing the solicitor will issue possession proceedings on Monday But you can prevent this if you move fast. One phone call could make all the difference.

The next call you should make is to Shelter for legal advice. If you have a *Starter* tenancy agreement you may not be protected under the Housing Act in the same way as assured tenants. According to this link the Landlord (HA) doesn't even have to give a reason for evicting you since your tenancy is due to expire next month anyway (or this month?). The solicitors' letter refers to previous written warnings and encloses copies of them. Take them to either the Shelter office or CAB (I've posted your nearest earlier in this thread) to check whether these have been issued correctly by the HA.

Please don't panic about this because if you fight it as 'a family unit' with a two year old son you'll have a greater chance of defending it then if you go it alone. You know why I'm saying that based on the information in your other Text Message thread.

http://england.shelter.org.uk/get_ad...er_tenancies#2

[PlanB]

Re: Yay more Fun

There was a case i read, about human rights in the context of housing

Heres a link, it may help

http://www.supremecourt.gov.uk/decid...essSummary.pdf

Don't forget Paul's amazing reference to a Supreme Court ruling in which a tenant WON against repossession and eviction while on an Introductory Tenancy such as yours. Start quoting that case law at people and show it to the CAB or Shelter when you meet

[transformer999]

Re: Yay more Fun

Great idea PlanB and maybe there is an email that can also be sent that an appeal is going to be made...as that will be proof to show that an appeal being made has been notified.....good to keep a paper trail to.

[kilasuit]

Re: Yay more Fun

I'm raising a complaint with the HA due to their inefficient and total lack of inclusion of appeal process in this "notice" and that it took 2 rather stressy emails to my HO of which 1 was totally ignored and no read receipt sent.

I even went through the hassle of setting up new seperate email addresses for this and contacting creditors.

I received last Thursday the appeal process and where it's to be sent to.

It's gonna be funny ripping the HO a new asshole seeing as he's blatantly disregarded my communication with our previous HO. Also on the rent arrears front I have written confirmation that it initially was due to a systems error on their part. Just need to re-point out that in my telephone conversation I gave verbal request to allow them to set up another DD instruction a week later and this was ignored.

I've had a copy of all complaints and gonna again rip them to shreds. Along with the fact that we are paying for communal hallway upkeep when we have no access to it.
Also the window cleaners and car park maintainance and a few others.

We were given until 28th August but tbh IMHO I should have until then to file a defence to this. Not this 14days malarkey especially seeing as they have been evasive with the information given and also rather unhelpful when asking for a simple reply stating that the request is being delt with and will be actioned appropriately.

Also had a letter from the income management team about rent arrears and how they are at pre "notice" stage even though we arranged with CAB what the payments would be each week.
Wonder if then they'd send everything promptly or still be retards about it all.

[kilasuit]

Re: Yay more Fun

I've started the paper trail and gonna get messy with them about this all.
I'm currently at doctors to see about getting something for depression to hopefully help me deal with this all. And again also a good thing for all issues at present and gives me some ability to be sane again.
Also constantly in pain in my jaw so hoping to get some painkillers to help soothe that too as buying co-codamol and diclofenac is costing a bomb and unfortunately that's all that working to kill the pain.

[PlanB]

Re: Yay more Fun

I'm raising a complaint with the HA due to their inefficient and total lack of inclusion of appeal process in this "notice" and that it took 2 rather stressy emails to my HO of which 1 was totally ignored and no read receipt sent. . . . .

We were given until 28th August but tbh IMHO I should have until then to file a defence to this. Not this 14days malarkey especially seeing as they have been evasive with the information given and also rather unhelpful when asking for a simple reply stating that the request is being delt with and will be actioned appropriately.

It may be wise to send an email to Shakespeares solicitors to advise them that you're lodging an appeal against the Notice just in case their client (the HA) hasn't instructed them to down tools and they automatically issue proceedings next week. Always good to lay a paper trail

[transformer999]

Re: Yay more Fun

That's good kilasuit...and I hope you get well soon as it is not nice to be in physical pain and top deal with mental pain...been there and I know what its like. But don't panic PlanB & team are with you all the way...so keep the faith and keep going.

[PlanB]

Re: Yay more Fun

I've started the paper trail and gonna get messy with them about this all.
I'm currently at doctors to see about getting something for depression to hopefully help me deal with this all. And again also a good thing for all issues at present and gives me some ability to be sane again.
Also constantly in pain in my jaw so hoping to get some painkillers to help soothe that too as buying co-codamol and diclofenac is costing a bomb and unfortunately that's all that working to kill the pain.

Oh dear, I'm sorry to hear this You have got a lot on your plate right now with the employment issues and so on. Please post up every step of the way with this because we're all here to help you

You sound like a spirited young man who will fight off all these tormentors and win!

[transformer999]

Re: Yay more Fun

It may be wise to send an email to Shakespeares solicitors to advise them that you're lodging an appeal against the Notice just in case their client (the HA) hasn't instructed them to down tools and they automatically issue proceedings next week. Always good to lay a paper trail

So true PlanB...plus it is Friday and the weekend starts tomorrow so this must get done asap

[kilasuit]

Re: Yay more Fun

I have contacted Shakespeare's and told them I am appealing. Also CC'd them in emails to HA so they are aware of my constant fight to get the required justice.