Please Help.... Possession claim.

punkstoner

clutton wrote: »

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

Thanks clutton. I have done as you suggested, that is print off my rent statement and payment reciepts and sent them to the court explaining that the account is clear.

The council will not drop the case, because they claim i could again have substantial arrears at the time of the hearing, on the 16 september.

The housing officer claims the case is as much about my failure to pay on time...

I am going to try to speak to a councillor over the weekend.

clutton_2

""because they claim i could again have substantial arrears at the time of the hearing, on the 16 september.""

nonsense - they cannot take you to court in case you "might" be in arrears in the future.

they can however ask for possession if you are in arrears and have been consistently paying your rent late over a period

draw up a table of your rental history

date rent due, date rent paid, days late, rental due, rent paid

then you can show the judge that in general you have been a consistently on-time payer

squinty

Hi,

From what you have said here it does not seem like the council have been all that helpful. Before referring you to court they should have contacted you to discuss the debt and given you a chance to sort it out (in addtion to the Notice to Quit)

The council should abide to the rent arrears protocol which puts the onus on the authority to prove they have taken reasonable steps. Details can be found at:

http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_rent.htm

Just a couple of queries. Firstly, you say

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

Is this right, do you mean former rent arrears? as it contradicts your statment that you have lived in the same porperty all your life.

Secondly, tbs624 suggests

"You may both want to discuss the possibility of a joint tenancy for the future,"

But if you are a secure tenant this is usually not possible. A secure tenancy can only be assigned in certain circumstances which are laid out in law (mutual exchange, matrimonial law and to someone who would be entitled to succeed) - none of which seem to apply in your case.

There is some excellent advice on the shelter website.

Good luck.

squinty

OOoops

When I mentioned Notice to Quit, I meant Notice of Seeking Possession if you are a secure tenant

Sorry

punkstoner

squinty wrote: »

Hi,

From what you have said here it does not seem like the council have been all that helpful. Before referring you to court they should have contacted you to discuss the debt and given you a chance to sort it out (in addtion to the Notice to Quit)

The council should abide to the rent arrears protocol which puts the onus on the authority to prove they have taken reasonable steps. Details can be found at:

http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_rent.htm

Just a couple of queries. Firstly, you say

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

Is this right, do you mean former rent arrears? as it contradicts your statment that you have lived in the same porperty all your life.

Secondly, tbs624 suggests

"You may both want to discuss the possibility of a joint tenancy for the future,"

But if you are a secure tenant this is usually not possible. A secure tenancy can only be assigned in certain circumstances which are laid out in law (mutual exchange, matrimonial law and to someone who would be entitled to succeed) - none of which seem to apply in your case.

There is some excellent advice on the shelter website.

Good luck.

You are kind of right, the council have not been helpful.

---

Taken from particulars of claim.

Letters sent, 30/8/07, 01/10/07, 17/10/07, 30/10/07, 12/12/07, 17/12/07, 18/03/07, 27/03/07, 10/06/08 (not recieved to my knowledge)

Visits Made, 30/11/07, - Me visiting them, explaining circumstances

Interviews -

Telephone Conversations -

---

thanks for the link clutton... Most helpful.. I know the onus is on me, as tenancy holder to pay the rent, but they could have made more atttempts to contact me. As you cas see above, no visits and no phone calls, and no letter since 10/6/08. Court forms were stamped and signed on the 5/08/08

The recieved the notice of seeking possession on the 30/10/07, only a couple of months after I took the tenancy over. I did not understand it really, I just thought it was a standard letter about one weeks arrears and did not understand it.

I meant former rent arrears for here...... I have only spent 3 years away from here, one year as a teenager, and two of my three years at university. On Thursday morning my arrears were £430.00, now because I have paid my arrears stand at £0.00. I intend to pay again tommorrow to put myself two weeks in credit.

thanks for your encouraging words squinty :beer:

punkstoner

clutton wrote: »

""because they claim i could again have substantial arrears at the time of the hearing, on the 16 september.""

nonsense - they cannot take you to court in case you "might" be in arrears in the future.

they can however ask for possession if you are in arrears and have been consistently paying your rent late over a period

draw up a table of your rental history

date rent due date rent paid days late rental due rent paid

then you can show the judge that in general you have been a consistently on-time payer

if I have no arrears or am in credit on the morning of the hearing, does that mean the judge will refuse to hear the case?

squinty

"if I have no arrears or am in credit on the morning of the hearing, does that mean the judge will refuse to hear the case?"

There is no case for possession - however the case may still be heard, as the council will need a court order to recover their costs. It may be an idea to write to the council to tell them the account is now in credit, and to ask if they still intend to go to court, and what for.

It may also be an idea to set up a Direct Debit for your rent to make sure it is paid on time.

One quick question - since the Notice (NoSP) was served on you has the rent account ever been clear or in credit?

squinty

clutton wrote: »

"

they can however ask for possession if you are in arrears and have been consistently paying your rent late over a period

For clarity -

For Secure Tenants (Local Authority tenant) the ground for possession for rent arrears is discretionary and is Ground 1, Schedule 2, Housing Act 1985, "…rent lawfully due from the tenant has not been paid…".


For Assured and Assured Shorthold Tenants (usually tenants of Housing Associations) there are two discretionary and one mandatory ground for possession for rent arrears.

The first and most common discretionary ground is Ground 10, Housing Act 1988, "…some rent lawfully due from the tenant…is paid…".

The second discretionary ground is Ground 11, Housing Act 1988, "…persistent delay in paying rent…"

The mandatory ground for possession is Ground 8 Housing Act 1988, as amended by Housing Act 1996 s101. If at the date of the service of the notice and at the date of the hearing there are 8 weeks' rent unpaid, if rent is payable weekly, or 2 months, if rent is payable monthly, then the court must grant possession.

From what you have said it seems you are a secure tenant. However, check your tenancy agreement if you are not sure - or check the wording on the NoSP to see which Ground the landlord has stated.

punkstoner

squinty wrote: »

For clarity -

For Secure Tenants (Local Authority tenant) the ground for possession for rent arrears is discretionary and is Ground 1, Schedule 2, Housing Act 1985, "…rent lawfully due from the tenant has not been paid…".


For Assured and Assured Shorthold Tenants (usually tenants of Housing Associations) there are two discretionary and one mandatory ground for possession for rent arrears.

The first and most common discretionary ground is Ground 10, Housing Act 1988, "…some rent lawfully due from the tenant…is paid…".

The second discretionary ground is Ground 11, Housing Act 1988, "…persistent delay in paying rent…"

The mandatory ground for possession is Ground 8 Housing Act 1988, as amended by Housing Act 1996 s101. If at the date of the service of the notice and at the date of the hearing there are 8 weeks' rent unpaid, if rent is payable weekly, or 2 months, if rent is payable monthly, then the court must grant possession.

From what you have said it seems you are a secure tenant. However, check your tenancy agreement if you are not sure - or check the wording on the NoSP to see which Ground the landlord has stated.

According to the notice of seeking possession, the grounds for possession were GROUND 1 :

This is the same on the possession claim.

Rent lawfully due from the tenant has not been paid, or an obligation of the tenancy has been broken or not performed.

The tenancy is described as a secure tenancy on the Notice of Seeking Possesion, and Possession claim.

I am led to believe the council are progressing the case because an obligation of the tenancy has been broken. ie I failed to pay my rent by the time it was due.

squinty

Glad you have a secure tenancy - you have more protection.

Should have nothing to worry about - write to the council and ask them if they still intend to go to court.

As mentioned earlier they may still go to court to recover costs - if they do you should make sure you pay this promptly (or set up and keep to an arrangment to pay it off weekly).