council flat arrears

Purplekylie22

Im sorry I have had a really bad day and I just feel like everything is getting on top of me, no reason for me to lash out at people. Sorry.

I rang shelter and they said they didnt knowand would ring me back after they havelooked into it. So I rang the council and they said that a letter of proceedingshad been set up today to be sent out. She has gone to speak to her manager to see if that was still appropriate. She assuredme that once the rent arrears had been cleared - once the bankcrupcy went through, I would start from scratch. I would have no arrears so they wouldnt be able to evict me. She said that the sooner I can tell her my bankcrupcy reference numbers e.t.c the better, but not to worry. She was very helpful and I really felt like a weight had beenlifted from my shoulders.

Forms all went recorded today, so I am just waiting.

dalip

Hi i rang my H/A for another poster today to ask more or less the same question. The reply i got was that they were governed by housing law. She advised getting in touch with shelter to get the name of a solicitor that specialises in housing law. D

debt_doctor

Hi,

Local authorities are social landlords and will not evict you because you have put rent arrears in to BR. You say that the council are moving to proceedings, make sure you go BR before it gets to a possession hearing as you will be bound by those terms after BR, ie will pay your arrears back over time.

DD

debt_doctor

The position on re housing ( speaking generally now, as purple will not be evicted ) is that in order for someone to qualify for housing under homeless legislation they need to pass 5 tests in order;

1) eligibility ( right to live in the UK )
2) Actually homeless or will be homeless within 28 days
3) priority need ( children, disablility, vulnerable )
4) Intentionality ( did applicant do or fail to do something that led to them being homeless )
5) Local area connection ( lived in area at least 6 months )

If you pass tests 1,2 and 3 then the council has a STATUTORY duty to provide interim accomodation whilst they consider tests 4 and 5, which could mean B&B. If found intentionally homeless then council would have no duty to provide permanent housing, with children or not.

Its a scary time for people in this position, I remember it well !

Best

DD

Purplekylie22

debt_doctor wrote: »

Hi,

Local authorities are social landlords and will not evict you because you have put rent arrears in to BR. You say that the council are moving to proceedings, make sure you go BR before it gets to a possession hearing as you will be bound by those terms after BR, ie will pay your arrears back over time.

DD

Thanks, I will try, I have sent it off and paid fees so now Im just waiting for the AiB will ring them every day and make sure they know how important it is. I cant go to court and do it myself as I am in scotland...

Thank you.

debt_doctor

I know very little about scottish law, and cannot guarentee that any of my information on this thread is valid in scotland.

DD

Purplekylie22

debt_doctor wrote: »

I know very little about scottish law, and cannot guarentee that any of my information on this thread is valid in scotland.

DD

It is, Shelter uses the same information. Themajorty of the rules are all the samehere and there, its justthe process to do bankcrupcy is defferent, I think especially in the interests of the council, they all use the same process as it makes it uniform for the council / goverment in any complants e.t.c

get_me_out

If you are paying at least 3.00 per week off your arrears the courts would accept this.

Had arrears myself in Scotland and the council said if we paid that amount it would be ok.