Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun

Just been to Shropshire Housing Alliance whom have been great in the past http://www.shalliance.org.uk/

Hopefully get our old caseworker involved again as she was brill.

[PlanB]

Re: Yay more Fun

Just been to Shropshire Housing Alliance whom have been great in the past http://www.shalliance.org.uk/

Hopefully get our old caseworker involved again as she was brill.

You don't half like to fly by the seat of your pants when it comes to legal deadlines

[kilasuit]

Re: Yay more Fun

I didnt realise i had cocked up so much that all. plus i was in town and their office is in town too so why hell not pop in

[kilasuit]

Re: Yay more Fun

sorted out an interview with the councils housing options team for Tues 21st

tad annoyed its not a bit earlier tbh laving things a bit late for my liking tbh

[PlanB]

Re: Yay more Fun

sorted out an interview with the councils housing options team for Tues 21st

tad annoyed its not a bit earlier tbh laving things a bit late for my liking tbh

Maybe ask them what your options are if you want to move voluntarily. Would you be entitled to a transfer or even a house swap to another area if you like the idea of getting away from Mr & Mrs Knobhead who've been making your life a misery

Also check where you'd stand with re-housing if you are repossessed by the HA due to rent arrears. Some councils regard this as making yourself 'intentionally homeless' to dodge their statutory duty

[kilasuit]

Re: Yay more Fun

Maybe ask them what your options are if you want to move voluntarily. Would you be entitled to a transfer or even a house swap to another area if you like the idea of getting away from Mr & Mrs Knobhead who've been making your life a misery

Also check where you'd stand with re-housing if you are repossessed by the HA due to rent arrears. Some councils regard this as making yourself 'intentionally homeless' to dodge their statutory duty

Thing is its funny that we received these notices after asking about voluntarily transfers as we made it clear that we were unhappy living here.

then there was teh rent issue of pushing forward the DD by a week

and the local council would deem us intentionally homeless if for rent arrears.

[PlanB]

Re: Yay more Fun

Would it be wise to keep Shakespeares solicitors in the loop by sending them a copy of that email from the HA which says they're happy to wait for your HB and JS to get sorted to deal with the rent arrears.

http://forums.all-about-debt.co.uk/s...9&postcount=67

Unless the HA has instructed their solicitors to down tools they could still issue those possession proceeedings on 26th August as threatened because that's when the s.21 Notice expires. Better safe than sorry

[kilasuit]

Re: Yay more Fun

That's a Section 21 Notice because you have a fixed term tenancy not a rolling contract. The Landlord usually has the automatic right to possession at the end of the fixed term (12 months in your case). I doubt you can appeal it in theory because it's a no-fault notice (the Landlord doesn't have to give a reason). But if you sit tight the Landlord still can't get you out without seeking a possession order through the courts. This generally takes 3 - 5 months from start to finish and they can't start the process until the s.21 has expired on the 26th of August.

Reading back thru i missed this.

although we have also received another notice in regards to rent arrears now as well.

[PlanB]

Re: Yay more Fun

I had had letters about rent arrears and them taking issuing a notice of repossession (yes another one) due to them last week

Fired an email off to them and received another letter stating intend to serve notice of repossession beginning this week.

Wait a minute. Are you saying that the HA intended to issue a second Notice of Possession on 30th July (which wouldn't expire until 30th September) but you haven't actually been served with it Because that may change things in your favour Surely they would only need to issue a second Notice if the first Notice was bad in some way, because as far as I'm aware a section 21 Notice normally has a shelf-life of 12 months, which means the Landlord doesn't have to keep issuing new ones then can simply apply for an Eviction Warrant when they feel like it after the expiry date

You'll have a lot to talk about when you get to see the Housing Options people next Tuesday so take all the paperwork with you. Believe it or not Housing Options are often unbiased even though they're funded by the council

Did you pay off some arrears when some backdated HB came through or something similar which has made them change their tune?

[kilasuit]

Re: Yay more Fun

this is the most recent notice i have received

alot of inconsistencies throughout

[PlanB]

Re: Yay more Fun

It looks as if the HA are saying that the original section 21 Notice for Possession still stands which expires on 30th August (if that's your 'rent due' date). A section 21 Notice is usually served when a Landlord wants the property back at the end of a fixed term without having to give the court any reason other than the fact that the original tenancy agreement has expired.

Then it looks as if they've served you with a section 8 Notice as well which relates to rent arrears as being the legal grounds for a repossession which can sometimes mean a Landlord can seek to evict the tenant prior to the end of a fixed tenancy agreement. It states that unless the arrears are cleared they will issue possession proceedings on 3rd September.

These are both important legal notices and you need to get professional legal advice on how to respond as soon as possible, which is not something the Housing Options Team usually provide. I would go back to your contact at the CAB and/or that legal advice centre you dropped into last week. If it was me I wouldn't wait another 24 hours to get on top of this situation as it looks like they mean business

[kilasuit]

Re: Yay more Fun

It looks as if the HA are saying that the original section 21 Notice for Possession still stands which expires on 30th August (if that's your 'rent due' date). A section 21 Notice is usually served when a Landlord wants the property back at the end of a fixed term without having to give the court any reason other than the fact that the original tenancy agreement has expired.

Then it looks as if they've served you with a section 8 Notice as well which relates to rent arrears as being the legal grounds for a repossession which can sometimes mean a Landlord can seek to evict the tenant prior to the end of a fixed tenancy agreement. It states that unless the arrears are cleared they will issue possession proceedings on 3rd September.

These are both important legal notices and you need to get professional legal advice on how to respond as soon as possible, which is not something the Housing Options Team usually provide. I would go back to your contact at the CAB and/or that legal advice centre you dropped into last week. If it was me I wouldn't wait another 24 hours to get on top of this situation as it looks like they mean business

Set up a CAB meeting on weds regarding this so tues HOT @ council and weds Housing @ CAB

[kilasuit]

Re: Yay more Fun

The fun that the postie brought this morning time for me to send back a brick of a response including all McDs evidence and point out the inefficiencies of their record keeping of the verbal conversations and subsequent denial of these happening by the HO's.


Really getting fed up with them now.

[PlanB]

Re: Yay more Fun

That's a response to your complaint at the Stage 1 level. You can now escalate it to the next stage, and then ultimately to the Housing Ombudsman. You can also ask the Ombudsman to intervene at this stage as a go-between if you want so give them a call before your CAB meeting next week to see if they can help

http://www.housing-ombudsman.org.uk/canda.aspx?nm=19

If it was me I'd be tempted to say to the HA "sorry it won't happen again if you let me and my family stay at the property for a further 6 months probationary period because we've been having a shitty time of late with job loss etc etc". I'm definitely not saying they're right and you're wrong, I'm asking you to consider what you actually want from this situation. Do you want a full scale argument or do you want to keep the roof over your child's head

Plan B prefers negotiation to litigation whenever possible because once something goes to court you lose control and the DJ is the decision maker

[kilasuit]

Re: Yay more Fun

That's a response to your complaint at the Stage 1 level. You can now escalate it to the next stage, and then ultimately to the Housing Ombudsman. You can also ask the Ombudsman to intervene at this stage as a go-between if you want so give them a call before your CAB meeting next week to see if they can help

http://www.housing-ombudsman.org.uk/canda.aspx?nm=19

If it was me I'd be tempted to say to the HA "sorry it won't happen again if you let me and my family stay at the property for a further 6 months probationary period because we've been having a shitty time of late with job loss etc etc". I'm definitely not saying they're right and you're wrong, I'm asking you to consider what you actually want from this situation. Do you want a full scale argument or do you want to keep the roof over your child's head

Plan B prefers negotiation to litigation whenever possible because once something goes to court you lose control and the DJ is the decision maker

We know what we want (as a family) and thats to be allowed to move to another HA and a better priced property for the size.

My partners brother has just moved to a similar flat but slightly larger and are paying less than we are (almost £20 a week ) just because its with a different area and HA.