Please Help.... Possession claim.

punkstoner

hi, thanks for reading.

I live with my partner in a council house. I have lived there since I was a child, and transferred the tenancy from my mother.

The tenancy is in my name.

Over the last few months I have had problems at work, which have led to a small amount of arrears building up. These arrears are only £400.00 and I could easily pay them off with my credit card.

I was suspended from work in november 07, and on a reduced income until april 08 when i was fired.

from april 08 until june 08 I was out of work. Even though, my rent arrears never rose beyond £600.00.

Everything came to a head a few weeks ago after the first hearing of my employment tribunal, and I had a bit of a breakdown. The doctor signed me off sick with depression and anxiety.

Today I got a claim of possession from the court, with a hearing date on september 8th.

The claim states im the sole occupier... My partner has lived here and been declared for council tax/electoral role for 3 years.

They have sent letters and something more legal looking in the past but im dyslexic and tend to bury my head in the sand.

Im really in a state at the moment and hoping somebody can help me stop this!!

punkstoner

yes. off sick at mo. just short term till i get my head and stuff like this sorted out. prob back monday.

SquatNow

Ring or go and see the council and explain the situation. Chance are they won't do anything now they've started the ball rolling.

Go to court, explain the situation. The judge shouldn't have a problem and will suspend the posession.

The alternative is just to pay the arrears on a credit card, but the council may still insist on going to court.

punkstoner

thanks squatnow.

I've paid the arrears off on my credit card. I intend to go to talk to somebody at the council tommorrow and explain things.

If I go to court with no arrears what are the chances of eviction?

RichPenny

The council does tend to go in heavy handed with these things. This approach is intended to scare people into paying up. As you can see, it generally works! I had similar issues with council tax arrears, they set a court date on several occasions etc. Just phoned the council, paid the arrears, it all went away (no court fees to pay either). Remember, the council does not want to evict you, they just want to ensure you pay on time

My advice would be to phone the council housing department ASAP, say first thing tomorrow morning. If you have paid the arrears with your credit card, I would expect the hearing to be cancelled and no court fees payable (make sure that they confirm this though).

I know it can be easy to stick your head in the sand about these things, so well done for coming on here and asking for advice. Councils in my experience like to help people sort these issues out, and will try to help you out if you contact them about it. If you get into arrears again, make sure you call the council and tell them why.

ged1980

punkstoner wrote: »

thanks squatnow.

I've paid the arrears off on my credit card. I intend to go to talk to somebody at the council tommorrow and explain things.

If I go to court with no arrears what are the chances of eviction?

i would say none as you have payed off and judge will see what happend on lead up to arrears

punkstoner

RichPenny wrote: »

The council does tend to go in heavy handed with these things. This approach is intended to scare people into paying up. As you can see, it generally works! I had similar issues with council tax arrears, they set a court date on several occasions etc. Just phoned the council, paid the arrears, it all went away (no court fees to pay either). Remember, the council does not want to evict you, they just want to ensure you pay on time

My advice would be to phone the council housing department ASAP, say first thing tomorrow morning. If you have paid the arrears with your credit card, I would expect the hearing to be cancelled and no court fees payable (make sure that they confirm this though).

I know it can be easy to stick your head in the sand about these things, so well done for coming on here and asking for advice. Councils in my experience like to help people sort these issues out, and will try to help you out if you contact them about it. If you get into arrears again, make sure you call the council and tell them why.

i dont mind paying fees. i just dont want to lose my home. My other half has not been 100% honest on what she has been paying. I have only found this out today though.

Im just doing as much as I can to prove I want to sort this out. So far ive paid the arrears, and i have registered for on-line access so I can see my rent/council tax account.

I will go and talk to somebody tommorrow. Thankyou for your encouraging words richpenny esp

punkstoner

Woodworker wrote: »

Very slim I would have thought. Whats the point in it going to court? To obtain their arrears. What arrears?

they want possession of the property because they claim i have broken tenancy terms, i.e late rent.

Number 1 on list of claims is possession.

They list letters sent, visits made, interviews, and telephone conversations.

They claim to have had 0 interviews with me and 0 telephone conversations.

They claim 1 visit, on the 30/11/07. If I recall correctly, that was me visiting them, making them aware of my circumstances.

tbs624

punkstoner wrote: »

…I live with my partner in a council house. I have lived there since I was a child, and transferred the tenancy from my mother.

The tenancy is in my name.

This means that you probably have what is called a Secure Tenancy and can only be evicted on specific grounds. Rent arrears and breaching the terms of your tenancy are just 2 of those. ( Secure Tenancies may get dropped down by the Council to a Demoted Tenancy with less security where tenants have any behaviour issues) You need to check what kind of tenancy it is and look at the clauses in your tenancy agreement.

punkstoner wrote: »

…. a small amount of arrears building up. These arrears are only £400.00 and I could easily pay them off with my credit card.

I was suspended from work in november 07, and on a reduced income until april 08 when i was fired.

from april 08 until june 08 I was out of work. Even though, my rent arrears never rose beyond £600.00…………………..Today I got a claim of possession from the court, with a hearing date on september 8th.

How many weeks/months rent does that represent, and have you missed several payments in a row, or paid then stopped, then started again? Prior to recent difficulties did you always pay on time? You have to prioritise paying your rent if you want to keep your tenancy - tenants should always talk to a LL (whether council or private) before rent payments become a major issue. Are you getting help with benefits etc & does your partner work/make any contribution?

punkstoner wrote: »

The claim states im the sole occupier... My partner has lived here and been declared for council tax/electoral role for 3 years.

This is because it is your name on the tenancy agreement and not his/hers. The Council Tax dept is entirely separate from the Housing Dept. You may both want to discuss the possibility of a joint tenancy for the future, if you get this current situation resolved.

punkstoner wrote: »

They have sent letters and something more legal looking in the past but im dyslexic and tend to bury my head in the sand.

You can’t do this when your home is at stake - if you get possession/eviction notices you have to get proper help asap locally. See someone at the CAB or Housing Aid or a law centre if there is one in your town/city, or talk to Shelter 0808 800 4444 (open until midnight) You need to keep as much as possible in writing, & notes on dates/times ,who you speak to, and you do need to contact the court as well as the council so get some help with it asap. You could start with Shelter tonight and with the others tomorrow. It will be probably be less stressful for you if you start taking some action to sort it all out, rather than trying to hope it will just go away. Good luck

punkstoner

tbs624 wrote: »

This means that you probably have what is called a Secure Tenancy and can only be evicted on specific grounds. Rent arrears and breaching the terms of your tenancy are just 2 of those. ( Secure Tenancies may get dropped down by the Council to a Demoted Tenancy with less security where tenants have any behaviour issues) You need to check what kind of tenancy it is and look at the clauses in your tenancy agreement. How many weeks/months rent does that represent, and have you missed several payments in a row, or paid then stopped, then started again? Prior to recent difficulties did you always pay on time? You have to prioritise paying your rent if you want to keep your tenancy - tenants should always talk to a LL (whether council or private) before rent payments become a major issue. Are you getting help with benefits etc & does your partner work/make any contribution?
This is because it is your name on the tenancy agreement and not his/hers. The Council Tax dept is entirely separate from the Housing Dept. You may both want to discuss the possibility of a joint tenancy for the future, if you get this current situation resolved.
You can’t do this when your home is at stake - if you get possession/eviction notices you have to get proper help asap locally. See someone at the CAB or Housing Aid or a law centre if there is one in your town/city, or talk to Shelter 0808 800 4444 (open until midnight) You need to keep as much as possible in writing, & notes on dates/times ,who you speak to, and you do need to contact the court as well as the council so get some help with it asap. You could start with Shelter tonight and with the others tomorrow. It will be probably be less stressful for you if you start taking some action to sort it all out, rather than trying to hope it will just go away. Good luck

No behavioural or antisocial problems here, just former rent arrears.

Kind been up all night sleepless over this mess.

clutton_2

if you pay off the arrears, the council has no grounds to evict you. but they have already been to the court and paid court fees, so they may well charge these fees to you - it depends on the terms of your tenancy agreement. possession court fees are £150.

do get a receipt for the arrears payment and a rent statement showing that you are up to date with the rent and then write to the court showing them a copy the rent account. DO it TODAY !!!!! - then you can stop worrying and get some sleep

bw