Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

TBH I really don't know why you haven't paid the rent arrears before now, out of your McD's settlement. Surely, they're going to have to be paid

.

Those rent arrears are now subject of the court order made at the repossession hearing and collection of them can be enforced in the usual bully boy ways by DCAs or possibly county court bailiffs. They will not evaporate.

I'm not giving up but it is getting difficult to remain polite Perhaps my secret weapon would be to get in touch with Kila's mother

[Pixie]

Re: Yay more Fun - Housing Association Rental Repossession

TBH I really don't know why you haven't paid the rent arrears before now, out of your McD's settlement. Surely, they're going to have to be paid

I could understand your reluctance and some of the advice given (by others, not on here) if the only money you had was your benefits. Of course, use that to find new housing/as a deposit but the fact remains that you have the £3500 from McDonalds. Surely, that's enough to pay off the arrears and have a deposit for a new place.

I would definitely try to stay in social housing if at all possible...Please listen to the advice you've been given...especially that from planB.

[jon1965]

Re: Yay more Fun - Housing Association Rental Repossession

Kila, I really do think it is about time you actually listened to the advice being offered. From where i am standing plan b has worked really hard for you and you have ignored or dismissed all of her suggestions with an ah but. IMHO you are lucky she is still batting for you. You talk about a bad reference due to asb but that is not the legal reason you have been evicted and as such if the HA put that in a reference,just as in an employment reference you could have them. However they are entitled to say that you had arrears and that you still do. I think you need to stop making excuses and get your act into gear. You have a girlfriend and small child to think of and as of yet no job so you can not rely on that. The world owes you nothing.
Finally giving up the chance of social housing is again IMHO a very shortsighted thing to do

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

My local council has a habit of asking for the events leading upto s21 notice from the landlord.


And if they do and Marches respond with ASB as reason then we'd be deemed as intentionally homeless.

which is what we've been looking at as worst case scenario.

If the alleged ASB was the reason for your repossession then it should have been named as one of the grounds for seeking possession on the court summons and it wasn't. There was no reference to it in the possession order either. The ASB allegations are as yet unproven. I would say the council can't deem you *intentionally homeless* on that issue alone but they will look at it a possible reason for the HA not wanting to renew your tenancy agreement. Did you make a complaint to the Housing Ombudsman as suggested at the time (June?) because that could help your position now

Rent arrears caused by withholding rent would normally be deemed as making yourself *intentionally homeless* unless there were repair issues with the property or some other viable reason such as HB delays. You put forward a Defence backed up by a WS of the HA's perceived error in collecting the rent by DD. For whatever reason the DJ didn't accept that at the hearing. He must have considered it if he was doing his job properly.

All councils seek a reference from the previous Landlord (HA) when considering homeless status. All private Landlords seek a reference from the previous Landlord too because conduct is as important as financial status.

Being repossessed under section 21 does not (normally) make you *intentionally homeless* since it's something beyond your control. Paying your rent is within your control.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

My local council has a habit of asking for the events leading upto s21 notice from the landlord.


And if they do and Marches respond with ASB as reason then we'd be deemed as intentionally homeless.

which is what we've been looking at as worst case scenario.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

But as what was mentioned here prior was that i could settle arrears, still get evicted and then be deemed intentionally homeless due to s21 notice.

and if that had been the case then we literally would have had nowhere to go to.

so based on that it was suggested that for the future well being for us as a family that we needed to keep onto this settlement in a just incase possibility.

As soon as i am working however (especially if i manage to get theses 3 jobs together) then i will clear arrears and also start building another bulk so that i can make F&Fs to creditors (as been ignoring them somewhat)

[PlanB]

Re: Yay more Fun - Rental Repossession

CAB suggested that likelyhood would be that we wouild be deemed intentionally homeless and that because of this in our best interests it would be better not to clear the arrears incase that happened.

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.

[kilasuit]

Re: Yay more Fun - Rental Repossession

I agree with the above, the DD glitches were over 6 months ago, they were no reason no to have paid the arrears later if you had the money. A shortfall on your HB and loss of employment leaving you without means to pay is a much better argument.

The CAB people you've been dealing with obviously know about your McDs settlement and may ask you why you still didn't pay the arrears after getting it. The HA are probably not aware of such settlement so this is something to think about you approach CAB.

CAB suggested that likelyhood would be that we wouild be deemed intentionally homeless and that because of this in our best interests it would be better not to clear the arrears incase that happened.

It leaves us therefore able to look at private rental when/if that boat comes.

[PlanB]

Re: Yay more Fun

fuck fuck fuck just found this oh shit shit shit

I may have slightly messed up oh dear.


time to really press things further on with everything 2moro

I've found the solicitor's letter in your earlier post and there's no mention of rent arrears They issued you with a straightforward section 21 Notice on June 21st (before those rent arrears?). I would argue that was the real legal reason why you were repossessed since the s.21 Notice was attached to the court summons wasn't it Take that with a copy of your tenancy agreement showing it expired in August to the CAB as well.

Why isn't that jpg thingy of the Notice in your original post # 74 showing in the quote above Damn technology

[PlanB]

Re: Yay more Fun - Rental Repossession

Attached is the N26 that i've just managed to get off PCOL website

I've had another look as the possession order and it doesn't mention section 21 on it. So dig out the summons which does say the application for possession is being made under section 21 (as well as section 8 for arrears) as this may help. Take both to the CAB. *Intentionally homeless* (or not) is a legal argument and there is case law to back you up if needed

I doubt the mix-up over your DD will help you since you did have an opportunity to rectify that problem before the court hearing

Nevertheless it looks as if you would still have been repossessed under section 21 even if the arrears were cleared. Wasn't your first contact from Shakespeares solicitors in June a Section 21 Notice (no mention of arrears) because that letter/notice could help you too. You need to prove that was the main reason for the repo

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Had a letter from the HOT which came threw yesterday about our previous application for homelessness on 21 August 2012 which i cant remember doing but think it may have been about then that we went to HOT in regards to all this.

They are now aware of possession order and are asking for info in regards to RA's and how they came about.

I can see that my response to this could easily be the deciding factor in whether we are deemed intentionally or unintentionally homeless.

Your response to that letter could be the difference between being made homeless or being re-housed. I would get the lady from the CAB to handle this for you. It's possibly your last chance to stay in social housing so it really matters. Everything depends on putting the right spin on your reply and I suggest you delegate that responsibility to the CAB who will be skilled at these things.

One important fact to be got across is that the possession order was granted on the grounds of section 21 which is the Landlord's automatic legal right to take back the property at the end of your fixed term tenancy even if you had overpaid your rent. Ask the CAB if paying off those arrears would guarantee you a place on the housing register too

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

Had a letter from the HOT which came threw yesterday about our previous application for homelessness on 21 August 2012 which i cant remember doing but think it may have been about then that we went to HOT in regards to all this.

They are now aware of possession order and are asking for info in regards to RA's and how they came about.

I can see that my response to this could easily be the deciding factor in whether we are deemed intentionally or unintentionally homeless.


Although my partners bosses bosses boss is the head of Family and Wellbeing at the council and HOT falls under his/her remit.

We had also been made aware of potential housing through the council as a benefit of her job too.

So maybe there are a few options on the table for us to work out and work around

[kilasuit]

Re: Yay more Fun - Rental Repossession

Also my N11r was only actioned on 23rd So this tuesday.


Such a mess up of things there

[kilasuit]

Re: Yay more Fun - Rental Repossession

Attached is the N26 that i've just managed to get off PCOL website

[kilasuit]

Re: Yay more Fun - Rental Repossession

Honestly Flower im not sure and dont think i will be until i get the written version of the judgement through