Yay more Fun - Housing Association Rental Repossession

[PlanB]

Re: Yay more Fun

This is the letter and could this thread be moved to the protected section please

Mods. Kilasuit has left his home address on the top of that repo letter so maybe that bit should be removed

[PlanB]

Re: Yay more Fun

I have missed this in its entiraty as there is No mention of the housing act at all in this letter.

will post up now.

I forgot to say that you can defend these possession proceedings (if they get issued) so that's why a lawyer is essential. If you're on benefits you will be entitled to Legal Aid once possession proceedings have been issued. The first thing a solicitor should look at is whether that Notice (and the Claim when/if it comes) is 'bad'. You can have 'bad' Possession Notices just like you can have 'bad' Default Notices

[PlanB]

Re: Yay more Fun

This is the letter and could this thread be moved to the protected section please

What is the date on the Notice of Possession by which they want you to give up the property. They have not yet issued court proceedings for possession so this is just a sort of LBA. There is time for you to come to an agreement with your HA.

I'm rushing out now but I think I posted up some of the Shelter's contact details earlier in your thread. You need someone to intervene on your behalf. Someone that the HA will sit up and take notice of. That Notice is dated 30th June so you'll need to get your skates on

Even if you decide you don't want to live there any more it's better to get this sorted so that you leave on your terms on a date that suits you

Even if it goes to court it can take at least 3 - 4 months before a warrant for eviction can be issued and baillifs get involved. No need to start packing yet

[kilasuit]

Re: Yay more Fun

This is the letter and could this thread be moved to the protected section please

[kilasuit]

Re: Yay more Fun

is it a notice seeking possession issued under the housing act?

I have missed this in its entiraty as there is No mention of the housing act at all in this letter.

will post up now.

[kilasuit]

Re: Yay more Fun

Forgive me for asking but did any of those complaints result in an ASBO or has your family been the victim of bullying by your neighbours? You could raise a complaint with the HA over a number of these issues you've mentioned, and then if they don't back off the repossession you can refer your complaint to the Housing Ombudsman Service. I've checked and Marches is a member so doing this may help you.

http://www.housing-ombudsman.org.uk/...association&nm=

In the meantime I would talk to Shelter on their freephone Helpline 0808 800 4444 to get professional legal support

No none of them.

No real evidence to prove it was us. Just 2-3am flat above us fighting and wakes missus up whilst i'm at work she gets up turns light on goes out for fag. Houses across road assume it was us due to this.

[PlanB]

Re: Yay more Fun

We have been the victims of alot of Stupid complaints to the HA.

Then we got loads of ASB complaints due tot he flat above us.
Then as a continuation to the ASB complaints about my cars.

Forgive me for asking but did any of those complaints result in an ASBO or has your family been the victim of bullying by your neighbours? You could raise a complaint with the HA over a number of these issues you've mentioned, and then if they don't back off the repossession you can refer your complaint to the Housing Ombudsman Service. I've checked and Marches is a member so doing this may help you.

http://www.housing-ombudsman.org.uk/...association&nm=

In the meantime I would talk to Shelter on their freephone Helpline 0808 800 4444 to get professional legal support

[PlanB]

Re: Yay more Fun

read the link above, the arrears were £3k in that case and the court said no repo

And it was also only an Introductory tenancy

[kilasuit]

Re: Yay more Fun

read the link above, the arrears were £3k in that case and the court said no repo

I did read it but missed the arrears totally.

I've been looking for a while to other HA propertys in the area and for what we have we are paying almost 15% more a week than for a slightly older but similar sized property

PLus we only took this place due to me having to argue with the councils housing options manager that the property they offered us was totally unrealistic due to damp and poor wiring through out.

[Paul.]

Re: Yay more Fun

There are arrears but this was caused by there systems messing upand me having to forcefully cancel the direct debit due to them taking it a week early back in april. Funny thing is i told them to set the direct debit up for the following week on the phone to them to notify them of this problem so it cant be said that i purposefully am in arrears. and honestly think i should have an amount knocked off due to goodwill but that wont happen.

read the link above, the arrears were £3k in that case and the court said no repo

[PlanB]

Re: Yay more Fun

Here is a brief description of your legal rights if you are on a *Starter* tenancy with a housing association and what you can do if you face repossession. Sadly the council will regard rent arrears as 'intentionally homeless' and refuse to re-house you unless you can demonstrate that these arrears were related to withholding rent due to repair (or other) issues and you say there are definitely other issues

http://england.shelter.org.uk/get_ad...rter_tenancies

[kilasuit]

Re: Yay more Fun

Hi Kilasuit,
Makes you wonder if the Landlord has a hidden agenda

Well we notified them that we were unhappy in the property due to all the issues i've said and more. its just a farce.

things stand if we do get evicted that we will be intentionally homeless and therefore unable to claim help from our local council.

Good job i'm in bully mode cos if this had happened say in 6 months (or even 6months ago) i'd have been inclined to roll over and accept it.

[kilasuit]

Re: Yay more Fun

Are there no rent arrears? I thought that was the reason for the possession order. In addition to Shelter you should also contact your local council and them you and your young family are about to be made unintentionally homeless.

I know the case of a private tenant with daughters age 17 & 20 who managed to stay another 8 months after receiving notice from her landlady even though she had arrears. Her first stop was the council offices. It pays to speak with as many people as possible and this is a time where being unemployed can work in your favour.

There are arrears but this was caused by there systems messing upand me having to forcefully cancel the direct debit due to them taking it a week early back in april. Funny thing is i told them to set the direct debit up for the following week on the phone to them to notify them of this problem so it cant be said that i purposefully am in arrears. and honestly think i should have an amount knocked off due to goodwill but that wont happen.

[Paul.]

Re: Yay more Fun

is it a notice seeking possession issued under the housing act?

[kilasuit]

Re: Yay more Fun

Hi Kilasuit,
Makes you wonder if the Landlord has a hidden agenda, eg another tenant lined up willing to pay higher rent.

What was does it actually say on the repossession notice? It should state which clause of your tenancy agreement you are alleged to have broken.

We have been the victims of alot of Stupid complaints to the HA.

For example we have an allocated bin area but due to that being at the back of the property and there being no back door at all we used to have our bin by the front door.
One of the owners of the top flats complained about this to the HA, and we received a letter instructing us to move it.
Also due to us being on a starter tenancy we have had quarterly visits in which we had been told we need to paint due to scuff marks and my 2 year old drawing on the walls. I said repeatedly that once we had been here a year we would be looking to decorate.
Then we got loads of ASB complaints due tot he flat above us.
Then as a continuation to the ASB complaints about my cars.

tbh i was workin ridiculous hours from July until January so was hardly at home even whilst the missus was unwell and letting things like the tidying slip for a few days.

Also i doubt its due to wanting increased rent as they increased it in april whereas i was under the impression that due to us being on a 12 month starter tenancy it shouldnt have been increased.