Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

My local council has a habit of asking for the events leading upto s21 notice from the landlord.


And if they do and Marches respond with ASB as reason then we'd be deemed as intentionally homeless.

which is what we've been looking at as worst case scenario.

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

My local council has a habit of asking for the events leading upto s21 notice from the landlord.


And if they do and Marches respond with ASB as reason then we'd be deemed as intentionally homeless.

which is what we've been looking at as worst case scenario.

If the alleged ASB was the reason for your repossession then it should have been named as one of the grounds for seeking possession on the court summons and it wasn't. There was no reference to it in the possession order either. The ASB allegations are as yet unproven. I would say the council can't deem you *intentionally homeless* on that issue alone but they will look at it a possible reason for the HA not wanting to renew your tenancy agreement. Did you make a complaint to the Housing Ombudsman as suggested at the time (June?) because that could help your position now

Rent arrears caused by withholding rent would normally be deemed as making yourself *intentionally homeless* unless there were repair issues with the property or some other viable reason such as HB delays. You put forward a Defence backed up by a WS of the HA's perceived error in collecting the rent by DD. For whatever reason the DJ didn't accept that at the hearing. He must have considered it if he was doing his job properly.

All councils seek a reference from the previous Landlord (HA) when considering homeless status. All private Landlords seek a reference from the previous Landlord too because conduct is as important as financial status.

Being repossessed under section 21 does not (normally) make you *intentionally homeless* since it's something beyond your control. Paying your rent is within your control.

[jon1965]

Re: Yay more Fun - Housing Association Rental Repossession

Kila, I really do think it is about time you actually listened to the advice being offered. From where i am standing plan b has worked really hard for you and you have ignored or dismissed all of her suggestions with an ah but. IMHO you are lucky she is still batting for you. You talk about a bad reference due to asb but that is not the legal reason you have been evicted and as such if the HA put that in a reference,just as in an employment reference you could have them. However they are entitled to say that you had arrears and that you still do. I think you need to stop making excuses and get your act into gear. You have a girlfriend and small child to think of and as of yet no job so you can not rely on that. The world owes you nothing.
Finally giving up the chance of social housing is again IMHO a very shortsighted thing to do

[Pixie]

Re: Yay more Fun - Housing Association Rental Repossession

TBH I really don't know why you haven't paid the rent arrears before now, out of your McD's settlement. Surely, they're going to have to be paid

I could understand your reluctance and some of the advice given (by others, not on here) if the only money you had was your benefits. Of course, use that to find new housing/as a deposit but the fact remains that you have the £3500 from McDonalds. Surely, that's enough to pay off the arrears and have a deposit for a new place.

I would definitely try to stay in social housing if at all possible...Please listen to the advice you've been given...especially that from planB.

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

TBH I really don't know why you haven't paid the rent arrears before now, out of your McD's settlement. Surely, they're going to have to be paid

.

Those rent arrears are now subject of the court order made at the repossession hearing and collection of them can be enforced in the usual bully boy ways by DCAs or possibly county court bailiffs. They will not evaporate.

I'm not giving up but it is getting difficult to remain polite Perhaps my secret weapon would be to get in touch with Kila's mother

[Pixie]

Re: Yay more Fun - Housing Association Rental Repossession

Those rent arrears are now subject of the court order made at the repossession hearing and collection of them can be enforced in the usual bully boy ways by DCAs or possibly county court bailiffs. They will not evaporate.

My point exactly!

I'm not giving up but it is getting difficult to remain polite

I know...which is why I've kept away from this thread for a while...

We have all been asking this question time and again! There is a judgment from the court so it's not like just by moving, it would be possible to avoid paying. They could obtain a warrant of execution to send bailiffs round and even if you don't let them in (and keep your windows tightly shut next summer), they could still levy on your car. If you get a job, they could apply for an attachment of earnings.
Maybe it the whole of AAD was to post the same thing...

And these are court-appointed bailiffs not the dca muppets.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

My only worry is that i pay arrears off now and council deem us intentionally homeless and then we have no money to go private.

As things stand i know that with me being out of work and missus on an apprenticeship we'd need to pay 6months up front. For even the smallest place round here we are looking at £500 a month so would need to pay £3k + deposit

My CAB advisor has been on leave this week and i know that i'll get a clearer view on things when she's back and able to communicate this concern to the council and see what the likelyhood is beyond that point. Also i know that she will communicate with Marches aswell and see if there is any likelyhood of them accepting a transfer/ futher Starter tenancy on basis of full amount of arrears paid off.

Granted thats from how things stand as of now with me not working at all. Everything changes once i'm in work and that change is whats leaving a massive headache for me and i guess all of you on here.

My viewpoint is that if we get deemed intentionally homeless then i would need to private rent and then be able to make a repayment plan with Marches on the arrears.
However if we were to be deemed un-intentionally homeless that would give me opportunity to clear the arrears and us not be without a home.

I hate trying to pre-empt outcomes like this as it leaves me between a rock and a hard place and i dont like it.

I'm trying to weigh up all the outcomes and the likelyhoods of each but my primary concern is that no matter what happens now having a roof over our heads.

[Pixie]

Re: Yay more Fun - Housing Association Rental Repossession

My only worry is that i pay arrears off now and council deem us intentionally homeless and then we have no money to go private.

As things stand i know that with me being out of work and missus on an apprenticeship we'd need to pay 6months up front. For even the smallest place round here we are looking at £500 a month so would need to pay £3k + deposit

My CAB advisor has been on leave this week and i know that i'll get a clearer view on things when she's back and able to communicate this concern to the council and see what the likelyhood is beyond that point. Also i know that she will communicate with Marches aswell and see if there is any likelyhood of them accepting a transfer/ futher Starter tenancy on basis of full amount of arrears paid off.

Granted thats from how things stand as of now with me not working at all. Everything changes once i'm in work and that change is whats leaving a massive headache for me and i guess all of you on here.

My viewpoint is that if we get deemed intentionally homeless then i would need to private rent and then be able to make a repayment plan with Marches on the arrears.
However if we were to be deemed un-intentionally homeless that would give me opportunity to clear the arrears and us not be without a home.

I hate trying to pre-empt outcomes like this as it leaves me between a rock and a hard place and i dont like it.

I'm trying to weigh up all the outcomes and the likelyhoods of each but my primary concern is that no matter what happens now having a roof over our heads.

When you put it like that I can see where you're coming from...and can see why you need the full amount of the McD's settlement.

That said, no more talk of getting another car until the housing situation is sorted!

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

I'm enjoying your change of attitude That will help you a lot when it comes to resolving this problem. Maybe it's time to eat humble pie, grovel to your HA , beg forgiveness and a second chance on a new starter tenancy. See if that works

[jon1965]

Re: Yay more Fun - Housing Association Rental Repossession

I am not sure which part of shropshire you are in but that seems very high rent for the county.
You really do need to get your CAB working on this. As I said before , without the arrears I can not see how you can be classed as intentionally homeless.
Even , in the worst case the council would be obliged to put you up in temporary accom.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

I am not sure which part of shropshire you are in but that seems very high rent for the county.
You really do need to get your CAB working on this. As I said before , without the arrears I can not see how you can be classed as intentionally homeless.
Even , in the worst case the council would be obliged to put you up in temporary accom.

Jon i'm in Shrewsbury which typically is higher rent council tax and house prices than the rest of the county.

Very lucky to find any property in this town even just a 2 bed under £500 a month that would be willing to accept any HB.

I know of local housing charity's that keep a few properties on their books one being SHA (Shropshire Housing Alliance) but even then it can be months and months before anything crops up.

[kilasuit]

Re: Yay more Fun - Housing Association Rental Repossession

Thats me now paid the rent from the 22nd October until the 11th November so shows i'm keeping to court agreement.

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Thats me now paid the rent from the 22nd October until the 11th November so shows i'm keeping to court agreement.

That's wise Is your HB still being paid direct to the HA too?

That court order says that the HA can't apply to the court to evict you before January 7th. But they don't have to apply ever if they don't want to If you're on a waiting list for a home with Shropshire Housing Association (or somewhere else similar) I'm sure Marches would wait while you get the transfer as long as they see your application is progressing

I've always thought that they went for that possession order to protect their own position because they weren't getting any joy with you. Housing Associations are businesses run like any other business and have to answer to the CEO so they can't let a rent arrears situation spiral out of control or the manager could get the sack for incompetence.

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Thats me now paid the rent from the 22nd October until the 11th November so shows i'm keeping to court agreement.

That court order states £13.85 per day from the hearing date which I presume is the equivalent of the rent stated in your tenancy agreement most of which is being paid by HB direct (isn't it?). Maybe consider if it's worth paying a little towards the arrears too so that the HA can see you're making an effort to clear those bit by bit. You've also mentioned a £15 per week HB shortfall earlier due to them clawing back a previous overpayment so if you could mange to pay that too it would prevent you building up any new arrears

I see this as a damage limitation exercise now. Your goal is to keep the roof over your family's head, which can be quite motivating.

[PlanB]

Re: Yay more Fun - Housing Association Rental Repossession

Very lucky to find any property in this town even just a 2 bed under £500 a month that would be willing to accept any HB.

I shouldn't really say this but to get round the problem of providing a previous Landlord's reference to the next one you could always say that you're living with your parents so you wouldn't be expected to have one. I hate it when tenants do that to me and I find out later, but I might as well pass that tip on

Have you checked your LHA rate?