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Please Help.... Possession claim.
Comments
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With a council tenancy, it would be unlikely that a judge would grant possession at a first hearing. Especially if you have paid off the arrears in full. Just make sure that you keep fully up to date with your rent in the weeks prior to the hearing. You should also find out if your local court has a duty rota for housing advisors/solicitors to represent you. If they do not, find a housing advice agency that can accompany you and represent you. It may be that they can negotiate an adjournment with the housing office. To be fair, a Housing Officer would look pretty stupid taking a case to court when the arrears have been cleared and there are no ongoing concerns. I can just imagine our local judge asking the claimants why they have brought the case and them saying "er, well she did have arrears but paid them in full but we think she might run them up again". They would be laughed out of court (well they would where I represent anyway).
Still try and find an advice service who can advocate on yoru behalf and try and sort things out prior to court."I've fallen down a hole" - said in best Monty Python voice-over.0 -
With a council tenancy, it would be unlikely that a judge would grant possession at a first hearing. Especially if you have paid off the arrears in full. Just make sure that you keep fully up to date with your rent in the weeks prior to the hearing. You should also find out if your local court has a duty rota for housing advisors/solicitors to represent you. If they do not, find a housing advice agency that can accompany you and represent you. It may be that they can negotiate an adjournment with the housing office. To be fair, a Housing Officer would look pretty stupid taking a case to court when the arrears have been cleared and there are no ongoing concerns. I can just imagine our local judge asking the claimants why they have brought the case and them saying "er, well she did have arrears but paid them in full but we think she might run them up again". They would be laughed out of court (well they would where I represent anyway).
Still try and find an advice service who can advocate on yoru behalf and try and sort things out prior to court.
I would say that as you have now paid the arrears and if you continue to pay your rent on time and in full, and if your rent is up to date on the day of the Hearing, if the Council take you to court they will look stupid, not an unusual situation, and I doubt if the Judge would order you to pay the costs as the Council would have had no case. I expect the Judge would be used to hearing ther Council making idiots of themselves.Loretta0
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