Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun

You've got loads of time to resolve this situation so let's keep up the research and see what options are open to you. In the meantime you know you're safe in your home until mid January 2013

Yesterday in court probably gave you a bit of a fright but you came out of it better than I expected because 42 days is usually the maximum delay for an eviction after a possession order and not three months. And remember evicting you isn't compulsory for the HA, if you find somewhere to go you can always agree an exit date between yourselves. Eviction only happens when a tenant refuses to budge and the Landlord makes an application to the court for a warrant to throw them out. So try and keep a line of communication open with the HA and you never know what may happen

[kilasuit]

Re: Yay more Fun

We were living with partners adoptive parents and when her adoptive dad got ill and then subsequently passed away we were given an eviction notice from partners adoptive dads brothers that wanted their share in house when he passed away.

Due to income we were unable to go private rental and deemed un-intentionally homeless.

[PlanB]

Re: Yay more Fun

Find out whether if you clear the current arrears you'd be entitled to a transfer to another flat on your HA's books because it has a huge portfolio of property You may have to start again with another probationary or starter tenancy but that's not a real problem.

Also what was the reason you became entitled to social housing last July (it's not automatically available to anyone and everyone) and maybe that *need* can be duplicated elsewhere with another housing association. Were you living with parents so it was seen as *overcrowding* or what?

[jon1965]

Re: Yay more Fun

I do agree that social housing is by far the best option. I am in private and even when things are wrong you never want to complain "just in case". Val on the other hand spent her last year in a council property and it couldn't have been different. My in laws lived in council as does my OH's mother and although the properties may not be perfect they are assured and for certain problems you get same day visits. Think long and hard

[The Tech Clerk]

Re: Yay more Fun

What I had to do years ago was the following (Actually Happened):-

Landlord got nasty, wanted us out, eventually things got out of hand, only as a last resort did the Housing Office stated you will have to go into B&B for now, as you are both working and daughter is at school you cannot claim assistance, we had to move out after this, as we arrived at B&B a visit from Council guy made sure all was well and then stated now you are in B&B and are under the council instruction, we have to offer you accomodation , the place we will offer will be vacant in 3 - 4 weeks.

4 weeks later we moved into Temporay Accomodation, 9 months later a new Housing Association accomodation was available and we had to take that.

so Housing requirement must be as per their rules. Private you do not stand a chance on social houseing it would seem.

[PlanB]

Re: Yay more Fun

We dont want to live here and this just gives us that push to find somewhere else.

Hopefully something good can come of this bad situation and it could just be that yesterday had to be the bad day out of a bunch of good days

Start looking but also keep an eye on the timing. You should still be entitled to HB if you move to a private rental because that has nothing to do with rent arrears or any *intentionally homeless* label

If you get a job soon check out the start date because you ought to get one month "run on" with your benefits even if you're in work, because the DWP accepts that most people don't get paid until the end of their first month. I think you need to have been claiming for 26 weeks or more to qualify. This goes for JSA, HB and council tax benefit

I'll have a look into 'rent due' and HB entitlement once a property has been repossessed because that order gives the HA possession in 14 days time even though you've still got the key to the front door In theory they will have cancelled your tenancy agreement at that point but you're being allowed to remain in the property until eviction in January 2013.

[IF]

Re: Yay more Fun

Glad your feeling more positive kilasuit and got my fingers crossed for you

I admit I was a tiny bit worried when you said the DJ had ordered your "Warrant for Execution" in case this meant you were going to face a firing squad for not paying your rent on time

You made I laugh PlanB

[PlanB]

Re: Yay more Fun

well they got their order

14 day possession order

with clause until 7th Jan until can apply for warrant of execution

Also got money Judgement too

Good to hear you're feeling more positive today

I admit I was a tiny bit worried when you said the DJ had ordered your "Warrant for Execution" in case this meant you were going to face a firing squad for not paying your rent on time

[kilasuit]

Re: Yay more Fun

Well after sleeping the toothache off (i hope) i have a better outlook than i did last night.


We dont want to live here and this just gives us that push to find somewhere else.

Hopefully something good can come of this bad situation and it could just be that yesterday had to be the bad day out of a bunch of good days

[kilasuit]

Re: Yay more Fun

sorry 7th Jan is warrent of eviction

Toothache has knocked me for six totally so in all honesty even though i was there i may as well as have not bothered showing up

[PlanB]

Re: Yay more Fun

Rent arrears are usually dealt with in the same order for possession by the court not a seperate CCJ. There may be a timescale for payment before enforcement action kicks in. Everything depends on what has been put in Kilasuit's court order. You normally have 7 days to register an appeal or object to an order so time is of the essence here

[transformer999]

Re: Yay more Fun

Don't worry about your repossession case T999 because yours is a completely different situation based on can't pay not won't pay.

Thanks planB...bloody so many rules and regs regarding repo's its really quite hard keeping up with with one applies to which.

Thanks for that

[PlanB]

Re: Yay more Fun

Is there a possibility that the HA only pursued the section 21 legal route (which has no defence) because of the rent arrears ? Most Starter Tenancies progress to full Assured Tenancies.

Post up a copy of your Possession Order when you get it because everything from here on depends on the wording. If the possession was granted on the basis of section 21 then I would argue that you would have been made homeless in any event so whether you had rent arrears is neither here nor there when it comes to the council deciding if you allowed yourself to be made *intentionally homeless* through non-payment of rent arrears. It's a shot in the dark though

[kilasuit]

Re: Yay more Fun

I was advised that even paying the arrears wouldn't stop the possession due to the S21 notice.

In all honesty I was essentially put between a rock and a hard place with almost no leeway at all.

[Never-In-Doubt]

Re: Yay more Fun

Kila - what the hell is going on? I thought you were paying the arrears when you got settlement cash....?