Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun

I am only withholding the shortfall due to them not looking into my complaint properly about how the rent arrears came to be as they used the excuse that a court can deal with it.

my argument has been from the beginning that the rent arrears were down to their incompetence of resetting up a direct debit after an error they created

but they are denying i asked for it to be setup

The questions the DJ will be asking at your repossession hearing are:

1. Do you owe any rent or not under the terms of your tenancy agreement ? If this answer is "Yes" the Landlord can seek possession under section 8.

2. Do you have good reason to withhold any rent or not ?

3. Is there anything in the tenancy agreement which stipulates how the rent should be paid by the tenant (you) or collected by the Landlord (HA) and has that clause (if any) been breached by either party ?

4. Do question 1 - 3 even matter when you're on a fixed term contract which has expired, so under section 21 the Landlord can seek possession even if you've overpaid your rent, because it's a 'no fault' legal right for the owner of a property to have it back at the end of the fixed term

I could post up various bits of legislation if that would help, because I don't want to lull you into the false sense of security that section 21 can be defended

You may be able to fight your eviction under the Human Rights Act see Paul's post:

http://forums.all-about-debt.co.uk/s...2&postcount=19

If it was me I'd carry on paying every single penny of the rent which has been paid to you by HB because I'm not sure you're allowed to put it in a deposit account instead of handing it over to your Landlord

[kilasuit]

Re: Yay more Fun

I was paying rent via DD fortnightly on a thursday so it was being paid week 1 and week 3 however something messed up and i caught it (thanks to HSBC) on the weds of week 2.

I rang them up and specifically told them that they needed to cancel it and reinstate it for the following week. the response i got from them was yes we will do that.

Next week i was working stupid hours again so wasnt as meticulous as usual at checking my account so didnt notice that it hadnt been taken or set up.

this was beginning of april

then beginning of may i get sent home from work and then on 12th found out my granddad passed away. and then on 21st was "sacked"

so to me if they had set things up properly they would have had thier payments but due to their incompetance they didnt

[cymruambyth]

Re: Yay more Fun

Problem is you do not want to be evicted and as PlanB has said this makes your position weaker. Do you have any evidence to support 'your claim' that you had this conversation because I think that will be their argument.

[kilasuit]

Re: Yay more Fun

I am only withholding the shortfall due to them not looking into my complaint properly about how the rent arrears came to be as they used the excuse that a court can deal with it.

my argument has been from the beginning that the rent arrears were down to their incompetence of resetting up a direct debit after an error they created

but they are denying i asked for it to be setup

[PlanB]

Re: Yay more Fun

Time i think for them to start backing down and dealing with the problems at hand here and now . . . .

Also as a neat little entry i told them until court settles things i am withholding the HB shortfall and placing it into a savings account until the time the courts decide on the matter.

Is it wise to withhold the HB shortfall since the HA has issued you with both a section 21 Notice (because your fixed term tenancy agreement has expired) and a section 8 Notice (because you have rent arrears)

I'm not familiar with criminal law but I do know that someone is innocent until proven otherwise so the county court dealing with your repossession (if the HA issue proceedings as threatened by their solicitor) may/may not see your potential legal argument with a third party (your neighbour who has yet to be proven guilty) as good enough reason to stop the repossession for rent arrears with your Landlord. Perhaps you would have to prove that in some way the Landlord was responsible and failed to control your neighbour and you could counterclaim for damages

The spat with your neighbour could destroy the HA's argument over your own conduct but it won't make any difference to the rent arrears especially if you are seen to be deliberately withholding what you contractually owe under your tenancy agreement but not claiming financial hardship as a reason for non payment You can withhold rent to counter disrepair, but I'm not aware you can withhold rent due to your neighbour's actions.

[Paul.]

Re: Yay more Fun

latest here is Anti-social behaviour and also vandalism by the twat that has complained about us.

So i've fired off an email to the HA telling them i am reporting him for ASB and Vandalism with intent.


Also pointed out that they have to deal with it regardless on legal position and that i'm looking to see them in court and rain down on this messy BS affair that we've had to deal with.

Time i think for them to start backing down and dealing with the problems at hand here and now


Also as a neat little entry i told them until court settles things i am withholding the HB shortfall and placing it into a savings account until the time the courts decide on the matter.

I think what your looking for is Criminal Damage more than vandalism.

they dont need to destroy the item either to be guilty of an offence. The Court of Appeal held that flushing a blanket in a toilet in a police cell was criminal damage, as the blanket needed to be washed and was therefore no longer useable as a blanket until it was cleaned.

[kilasuit]

Re: Yay more Fun

latest here is Anti-social behaviour and also vandalism by the twat that has complained about us.

So i've fired off an email to the HA telling them i am reporting him for ASB and Vandalism with intent.


Also pointed out that they have to deal with it regardless on legal position and that i'm looking to see them in court and rain down on this messy BS affair that we've had to deal with.

Time i think for them to start backing down and dealing with the problems at hand here and now


Also as a neat little entry i told them until court settles things i am withholding the HB shortfall and placing it into a savings account until the time the courts decide on the matter.

[kilasuit]

Re: Yay more Fun

They have just totally ignored my complaint in its entirety. Really pissed me off reading there latest response.


It just seems like i'm talking to them in Arabic and they are incompetent in distinguishing that i'm actually talking English


Ahh hopefully wont have to worry too much longer thou.

Also they seem to not be caring about the arrears and coming to an agreement that would put us out. Do think a big bag of poo hurtled through their window make catch their attention though. (at least i could laugh at them for smell just like how they do their work)

[PlanB]

Re: Yay more Fun

Looks like on Friday i may have to make a trip to HA Head offices and see them in person as they seem to be ignorant of any written communication.


Time to have my bag of shit ready i think

Have you considered a charm offensive

They've got something you want such as the keys to your home Perhaps going along to see them with your partner and your two year old could work. Present yourselves as a lovely family unit which doesn't deserved to lose the roof over its head

While you're in rent arrears on a Starter Tenancy which has already expired, you are not really in a position to call the shots If it was me I would go all out to come to an arrangement whatever it takes, because they don't have to let you stay

[kilasuit]

Re: Yay more Fun

Looks like on Friday i may have to make a trip to HA Head offices and see them in person as they seem to be ignorant of any written communication.


Time to have my bag of shit ready i think

[kilasuit]

Re: Yay more Fun

Can you post that letter on this thread because I have no idea how to do that Then others may be able to add helpful suggestions too

letter attached

[PlanB]

Re: Yay more Fun

HO confirmed that until we actually have court papers that we are in a limbo state of waiting around.


Cab 2moro which hopefully will be more productive.

Did anything good come out of your meeting with the CAB

You've posted a letter you've written to the HA on another thread where you've suggested a compromise. You will will have one less car and clear your rent arears, if they will give you a further 6 months' extension to you Starter Tenancy. That seems fair enough to me Let's hope they think so too.

It also seems from your letter that they may have some procedural problems with the timing of the Notices issued. From what you say if you had been a pain in the a*se tenant they should have discussed it with you first in order to reach a conclusion before issuing the s.8 and s.21 Notices immediately before you would have automatically become an Assured Tenant with lots more legal rights.

Can you post that letter on this thread because I have no idea how to do that Then others may be able to add helpful suggestions too

[kilasuit]

Re: Yay more Fun

Possibly though I highly doubt it. Hoping to get a job in next few weeks so will see where things go from here

[PlanB]

Re: Yay more Fun

HO confirmed that until we actually have court papers that we are in a limbo state of waiting around.


Cab 2moro which hopefully will be more productive.

Could the HA have changed their mind about issuing possession proceedings while you sort out the rent arrears

[kilasuit]

Re: Yay more Fun

HO confirmed that until we actually have court papers that we are in a limbo state of waiting around.


Cab 2moro which hopefully will be more productive.