Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun

Apparently have pretty much no defence at all.

Off to grab the rental lists from the estate agency's

[PlanB]

Re: Yay more Fun

Off to local solicitors to see if can sort out the S21 and rental arrears and form a defence now.


Seems like my day aint gonna stop

Things usually get resolved once the other side know you've got a solicitor involved HAs tend to take advantage of tenants who don't know their legal rights

You're in receipt of benefits at the moment so you should get Legal Aid to cover the initial advice (i.e. today's meeting). If you end up in court next week you can ask to see the Duty Solicitor who can be your advocate at the hearing. They're usually pretty damn good at getting possession proceedings adjourned or stayed if the tenant is in receipt of HB

Take your tenancy agreement and possession summons with you to show the solicitor today.

[kilasuit]

Re: Yay more Fun

Off to local solicitors to see if can sort out the S21 and rental arrears and form a defence now.


Seems like my day aint gonna stop

[PlanB]

Re: Yay more Fun

Sue(CAB advisor) rang me yesterday after speaking to Pat Greenhouse from Marches and Someone from Shakespeares.

Looks like they are going to push for possession regardless on rental arrears being settled.

What would the chances be of defending it?? I only ask as i dont wish to loose our current right to social housing especially whilst i'm not working.

Once i start working it wouldnt be as much of a problem but still make things difficult

If you say (in an earlier post) that the summons for possession states that rent arrears are the legal grounds (section 8) for possession then I can't see how they'd get an order if there are no rent arrears

But they have also issued you with a section 21 Notice which gives the Landlord the semi-automatic right to take possession of the property once the fixed term has ended. But surely they can't just swap one legal ground for another If the HA want to pursue you under section 21 then I think they would have to issue new proceedings. Ask the CAB lady to clarify this point once you've had a good look at the summons.

Just double-check they didn't put both s.8 and s.21 as the the grounds for this summons. Some Landlords put both in case one fails and the other can be used as an alternative in court It is odd that they should only go after getting you out for rent arrears when they could more easily go after you with section 21, except if they get rent arrears embodied in a court order they will find it easier to enforce payment

At least if you have no order for rent arrears (because you've paid them off) you should not be deemed *intentionally homeless* by the council and you could be re-housed if you get a possession order. If that happens you normally have to accept the first offer they make (and I doubt it'll be a 3 bed house with a garden), because the Local Authority only has a statutory duty to provide you with a roof over your head and that could be in anything vaguely habital and not necessarily ideal (it's subject to availability of housing stock in your area).

I'm still hoping that once you've paid off the rent arrears you can ask the HA to give you a second chance to stay for a further six months on the promise that you're looking for somewhere else to live and have applied for a transfer

[kilasuit]

Re: Yay more Fun

Sue(CAB advisor) rang me yesterday after speaking to Pat Greenhouse from Marches and Someone from Shakespeares.

Looks like they are going to push for possession regardless on rental arrears being settled.

What would the chances be of defending it?? I only ask as i dont wish to loose our current right to social housing especially whilst i'm not working.

Once i start working it wouldnt be as much of a problem but still make things difficult

[transformer999]

Re: Yay more Fun

Well it looks like we all are going to be in pic 2 seeing as winter is just round the corner ....great work planB & flowerpower.....good luck kilasuit I really hope you can resolve this soon and look forward to other important matters.

[kilasuit]

Re: Yay more Fun

Or, more accurately, the McDees settlement could ensure you and your family keep a roof over your head!

Or this instead of this!

Gotta say flower loving this pics your gettin

See them and it makes me

[kilasuit]

Re: Yay more Fun

Did you get the help you need from the CAB for this when you saw them this morning (I note you posted about your appointment with them on your employment thread).

Because I'm panicking even if you're not since you're due in court the week after next where your Landlord (HA) is seeking to repossess your home and it seems that you have no defence to these proceedings as yet

I don't know if I can add anything more useful other than to say please do something about this for the sake of your family. I feel (my perception only) that the McDees' issue is less important then the roof over your head.

Luckily managed to squeeze 5 mins in with the cab advisor dealing with this.
She said that she's gonna speak to Marches to put forward a pre court agreement so not to have to go to court.

So she also said that as shes looking to be in court with me (if it comes to that) that i dont need to file the defence.

Hopefully hear back from her on Friday or Monday.

Though i think shes wanting me to settle with McDs too as to be able to clear all of the arrears not just half of it.

Plan B thanks for panicking for me. Weight off my shoulders and all that

[PlanB]

Re: Yay more Fun

Well looks like more fun around the corner.

looks like will be in court on October 18th for this happenings. . .

. . . . It is being made on the ground of rent arrears.

Looks like CAB time for me now.

Did you get the help you need from the CAB for this when you saw them this morning (I note you posted about your appointment with them on your employment thread).

Because I'm panicking even if you're not since you're due in court the week after next where your Landlord (HA) is seeking to repossess your home and it seems that you have no defence to these proceedings as yet

I don't know if I can add anything more useful other than to say please do something about this for the sake of your family. I feel (my perception only) that the McDees' issue is less important then the roof over your head.

[kilasuit]

Re: Yay more Fun

IIRC i was asked verbally if they could speak to CAB I said yes now and in future too and the next time i spoke to Sue(CAB advisor) she said that she hadnt been able to discuss anything with Marches as they point blank refused.

Also IIRC she said that they wouldnt speak with her again.

[jen_br]

Re: Yay more Fun

You just need to sign a form so that the CAB can act on your behalf

[kilasuit]

Re: Yay more Fun

Are the CAB communicating direct with your HA and the court because that would make a big difference and give you the peace of mind you need right now

I actually believe that Marches refused to talk to the CAB advisor when i went in back in may.

At least i think thats what she told me back then anyway

twas a while ago but things like that so tend to stick to mind

[kilasuit]

Re: Yay more Fun

I'm hopefully speaking to her 2moro to find out what's the suggestion from her.

[PlanB]

Re: Yay more Fun

Are the CAB communicating direct with your HA and the court because that would make a big difference and give you the peace of mind you need right now

[kilasuit]

Re: Yay more Fun

She was saying that due to possibility of getting a settlement it could be left for a few days until we knew the outcome from that.
She already knew about ET case and I just advised her of the current standing.
Towards arrears there is already around £180 that I've put aside. That will increase by yet another £30 on weds (and every weds after) and about 100 when I get wtc on 10th plus about £20 when get jsa on 15th and 70 when a cheque refund from nursery clears I think Thursday this week.
So will be around £400 by the court date just under half the arrears amount. But more than the hb overpayment clawback. It's just the period between April 1st and may 21st that's the grey area with them.