Yay more Fun - Housing Association Rental Repossession

[jon1965]

Re: Yay more Fun

The painkiller for toothache is tramadol without a doubt and doesn't give me the same high as co codom0l.
So long as you are sure it is toothache and not heartburn, with me that goes right up into my jaw and hurts like hell...stress and alcohol bring it on, which is unfortunate

[kilasuit]

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

off to bed now cba to do much

[transformer999]

Re: Yay more Fun

so so sorry to hear this kilasuit....bloody hell makes me think after what happened to you that I may not have a chance in hell with my on going possession case
If its any comfort I too have been suffering tooth pain for quite a while now...had a crown fitted last week...no infection but just inflammation. My dentist suggested hot water and salt mouthwash...TBH I did not try that but a home remedy which might sound sick but I have tried it since yesterday and hand on heart I can say it has worked 95%.

You put a tablespoon of mustard oil in your mouth and swish it round slowly for 10-15 minutes...I know it sounds gross but it honestly has bought my mouth back from the dead...if you like you can try it and see for yourself.

As for your court order I hope you will get through this....and I am sure planB and others will be along soon to help you.

Hang in there...

[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

off to bed now cba to do much

I was afraid that would happen if the rent arrears were still oustanding when you went into the hearing without a good enough reason to offer the judge for their non-payment

All that's really happened is you've been given three months' notice to quit because the DJ used his discretion to prevent your eviction before January 2013. Not a bad result

A lot depends on the wording of that order as to whether the council will consider you to be *intentionally homeless* due to rent arrears. I do have a Plan B to suggest (based on a legal argument) which could keep you in social housing, but that can wait while you take stock of what happened today and why.

[PlanB]

Re: Yay more Fun

...bloody hell makes me think after what happened to you that I may not have a chance in hell with my on going possession case

..

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

[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....?

[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.

[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

[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

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

[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

[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

[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

[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

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.