Yay more Fun - Housing Association Rental Repossession

[The Tech Clerk]

Re: Yay more Fun

No its not as i said though i do like to plan for the eventuality of needing another car for when missus passes her test.

Call this a plan b if you like

Calling planB a car??? lol

[The Tech Clerk]

Re: Yay more Fun

That is stretching it a bit??? lol

[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

Sorry guys i failed to mention that this was decided as the outcome by a pre hearing chat.

Marches As PlanB said followed the s21 notice due to RA's as it was going to be the cheapest way (for me) of gaining the eviction in costs

They also explicitly stated that they recommended i use the money set aside for RA's towards finding another property and tbh my CAB advisor Sue didnt really have anything to say back to that at all.

If i hadnt been dosed up on CoCodamol Ibuprofen and Diclofenac I would have been more actively involved in this chat and in the courtroom.

Not to dwell on it thou as deffo no point. Though i wonder what could be done in regards to appeal and if there is any point at all?

Time to take this situation by the horns and go a bit mental until its sorted methinks.

[PlanB]

Re: Yay more Fun

They also explicitly stated that they recommended i use the money set aside for RA's towards finding another property and tbh my CAB advisor Sue didnt really have anything to say back to that at all.

Not to dwell on it thou as deffo no point. Though i wonder what could be done in regards to appeal and if there is any point at all?

Time to take this situation by the horns and go a bit mental until its sorted methinks.

You have got nearly three months to get this sorted so no need to go mental just yet

Are you saying that the HA told the DJ that they would rather you spent your money on getting a new place to live than paying them your rent arrears and staying in your home Do you mean they're willing to write off your rent arrears if you promise to bugger off

As you say they would have got possession under section 21 anyway although they didn't have to seek that if they didn't want to

[kilasuit]

Re: Yay more Fun

You have got nearly three months to get this sorted so no need to go mental just yet

Are you saying that the HA told the DJ that they would rather you spent your money on getting a new place to live than paying them your rent arrears and staying in your home Do you mean they're willing to write off your rent arrears if you promise to bugger off

As you say they would have got possession under section 21 anyway although they didn't have to seek that if they didn't want to

NO this was prior to being in front of the judge.
I think it was more of a sentament of its difficult to follow on with chasing arrears when i'm no longer a tenant of thiers

[kilasuit]

Re: Yay more Fun - Rental Repossession

Honestly Flower im not sure and dont think i will be until i get the written version of the judgement through

[kilasuit]

Re: Yay more Fun - Rental Repossession

Attached is the N26 that i've just managed to get off PCOL website

[kilasuit]

Re: Yay more Fun - Rental Repossession

Also my N11r was only actioned on 23rd So this tuesday.


Such a mess up of things there

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

Had a letter from the HOT which came threw yesterday about our previous application for homelessness on 21 August 2012 which i cant remember doing but think it may have been about then that we went to HOT in regards to all this.

They are now aware of possession order and are asking for info in regards to RA's and how they came about.

I can see that my response to this could easily be the deciding factor in whether we are deemed intentionally or unintentionally homeless.


Although my partners bosses bosses boss is the head of Family and Wellbeing at the council and HOT falls under his/her remit.

We had also been made aware of potential housing through the council as a benefit of her job too.

So maybe there are a few options on the table for us to work out and work around

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Had a letter from the HOT which came threw yesterday about our previous application for homelessness on 21 August 2012 which i cant remember doing but think it may have been about then that we went to HOT in regards to all this.

They are now aware of possession order and are asking for info in regards to RA's and how they came about.

I can see that my response to this could easily be the deciding factor in whether we are deemed intentionally or unintentionally homeless.

Your response to that letter could be the difference between being made homeless or being re-housed. I would get the lady from the CAB to handle this for you. It's possibly your last chance to stay in social housing so it really matters. Everything depends on putting the right spin on your reply and I suggest you delegate that responsibility to the CAB who will be skilled at these things.

One important fact to be got across is that the possession order was granted on the grounds of section 21 which is the Landlord's automatic legal right to take back the property at the end of your fixed term tenancy even if you had overpaid your rent. Ask the CAB if paying off those arrears would guarantee you a place on the housing register too

[PlanB]

Re: Yay more Fun - Rental Repossession

Attached is the N26 that i've just managed to get off PCOL website

I've had another look as the possession order and it doesn't mention section 21 on it. So dig out the summons which does say the application for possession is being made under section 21 (as well as section 8 for arrears) as this may help. Take both to the CAB. *Intentionally homeless* (or not) is a legal argument and there is case law to back you up if needed

I doubt the mix-up over your DD will help you since you did have an opportunity to rectify that problem before the court hearing

Nevertheless it looks as if you would still have been repossessed under section 21 even if the arrears were cleared. Wasn't your first contact from Shakespeares solicitors in June a Section 21 Notice (no mention of arrears) because that letter/notice could help you too. You need to prove that was the main reason for the repo

[PlanB]

Re: Yay more Fun

fuck fuck fuck just found this oh shit shit shit

I may have slightly messed up oh dear.


time to really press things further on with everything 2moro

I've found the solicitor's letter in your earlier post and there's no mention of rent arrears They issued you with a straightforward section 21 Notice on June 21st (before those rent arrears?). I would argue that was the real legal reason why you were repossessed since the s.21 Notice was attached to the court summons wasn't it Take that with a copy of your tenancy agreement showing it expired in August to the CAB as well.

Why isn't that jpg thingy of the Notice in your original post # 74 showing in the quote above Damn technology

[kilasuit]

Re: Yay more Fun - Rental Repossession

I agree with the above, the DD glitches were over 6 months ago, they were no reason no to have paid the arrears later if you had the money. A shortfall on your HB and loss of employment leaving you without means to pay is a much better argument.

The CAB people you've been dealing with obviously know about your McDs settlement and may ask you why you still didn't pay the arrears after getting it. The HA are probably not aware of such settlement so this is something to think about you approach CAB.

CAB suggested that likelyhood would be that we wouild be deemed intentionally homeless and that because of this in our best interests it would be better not to clear the arrears incase that happened.

It leaves us therefore able to look at private rental when/if that boat comes.

[PlanB]

Re: Yay more Fun - Rental Repossession

CAB suggested that likelyhood would be that we wouild be deemed intentionally homeless and that because of this in our best interests it would be better not to clear the arrears incase that happened.

Are you sure you didn't misunderstand what the CAB were saying to you If I'd been your adviser I would have bundled you into my car and driven to the nearest ATM and then on to the HA to pay those arrears before your court hearing

I certainly wouldn't want to find myself in a position where you could sue me for making you *intentionally homeless* by giving bad advice.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

But as what was mentioned here prior was that i could settle arrears, still get evicted and then be deemed intentionally homeless due to s21 notice.

and if that had been the case then we literally would have had nowhere to go to.

so based on that it was suggested that for the future well being for us as a family that we needed to keep onto this settlement in a just incase possibility.

As soon as i am working however (especially if i manage to get theses 3 jobs together) then i will clear arrears and also start building another bulk so that i can make F&Fs to creditors (as been ignoring them somewhat)