Rent is the only arrear and unsure what to do or how to handle it

cazzie_s

Just a quick note regarding rent amount: When we moved in 3 years ago we could afford the rent and children were not thought of. We were both in very good jobs and yes I would love to go back to work. It has been sometime since I socialised so my self esteem has dropped and feel that getting back to work in the field I used to work in will be some feat indeed considering the amount of work I now have to do.

princeofpounds

Cazzie hi,

firstly well done for tackling the issue now. Often people bury their heads in the sand with this kind of thing to avoid the discomfort of sorting it, but it's the right thing to do and puts you in control of the process to some degree.

There are probably people who can help you out re council housing lists and so on. That's not my strength, although one thing I would mention is that if you joined the list a long time ago then you want to make sure they have your current status (with child etc) so you get the right ranking.

Regarding your current rental, you need to find out exactly what is going on regarding the court proceedings. They will claim to have served you with one or two possession notices. One is called a section 8, the other a section 21.

The section 8 relates to rent arrears. If you have not paid 2 months rent (when it becomes *due*, even if in advance) then the judge can decide to evict you and there will be a CCJ made which will give you a short amount of time to pay before recovery starts. If you get under this figure of arrears by even £1 on the date of the court appearance, then it cannot be used against you. The judge may also decide to allow an eviction if you have been persistent in not paying your rent, although they tend to give some leeway here.

The section 21 refers to a termination of the AST contract. This is not possible until at least 6 months have passed and the fixed term of your contract has ended. Thereafter it can be done with 2 months rental period notice. This is non-discretionary - i.e. if it has been done correctly, the judge has to order an eviction.

Either way, if an eviction is ordered then you will be given a date a few weeks away - you can request the judge for extra time for hardship and difficulties. If you have good reasons, they may give some. After that point, the bailiffs can turn up, and you should get a bit more notice before they actually turf you out. So you do not need to panic even if it does prove to be an almighty hassle.

If an eviction notice has been served, then the council housing office may be more serious about trying to help you - it's unlikely they would permit a child to become homeless!

Both notices must have been delivered to you and correctly worded. Visit landlordzone forums for more advice on this sort of court process, and shelter should help you too.

You need to go to the agent, and possibly even the landlord direct if they are not helpful. You need to tell them that you are trying to clear the arrears (if they do not believe you, no matter). You also need to find out what grounds they are taking court proceedings against you on if you have not received any notices.

Other advice? Try asking for old bits and pieces from friends and relatives, anything that might be saleable on ebay. You may not want to ask your friends/relatives for a loan (You should consider this), but they might be willing to do this.

A great idea to use charity for vital things and divert the cost to rental payment.

Also, if/when you do move, you might be able to negotiate a better rent somewhere else.

One or both of you should be aiming to get a job, even if it's a quite a basic one the working tax credit can make it pay ok. With that and LHA and child tax credit you should not be in an eviction situation. It does not sound as if your partner is being very helpful, perhaps I do not know the full situation so I won't judge. Even odd jobs can make a dent in the arrears.

If you or your partner smoke or drink, you should quite immediately until the arrears are covered. That's a lot of disposable income.

Your local authority might be able to give you a hardship loan, especially if you can demonstrate you have made progress yourself on fixing your situation

Can you babysit for anyone, given you are already a full-time mother?

kunekune

Can I also make a tentative suggestion. You have sort of said that your partner "gave" you money to pay bills when you didn't go back to work but he couldn't help any more when he lost his job. Try to think of it differently. You are a team (or should be). The money is yours as a family, and always should have been. Bills are not just your responsibility, they are his as well. Don't feel that you should be grateful for crumbs thrown off the table. I imagine from what you say that he isn't finding this easy, and is leaving it mostly to you to sort out, but there will be a time, maybe sooner rather than later, when he will have to pull his weight, if only because you're able to work and he isn't. If that happens, don't let him get away with you doing everything still. He's a parent not a babysitter.

sooz

princeofpounds wrote: »

If an eviction notice has been served, then the council housing office may be more serious about trying to help you - it's unlikely they would permit a child to become homeless!

It would depend on what notice has been served. If the notice is the section 8 for rent arrears, the council will be far less helpful, as they will decide the OP has made herself voluntarily homeless.

You really need to check through all your paperwork to see if you or you OH have been served a proper formal notice, & which one it was.

cazzie_s

Firstly to Kunekune: The money I was receiving was not enough for nappies, formula, clothes and food whereas my partner was paying for the utility bills and rent. He worked Monday to Friday and often weekends so I and his son never saw him (no antenatal clinics or scans with me - had only 1 weeks parental leave). I did everything and partially still do. He doesnt like being at home but he has ongoing health problems so I cannot go into detail on that especially as there is no conclusions as he's still awaiting test results and a re-referral for outpatients. He really does want to work and has constanly applied for jobs. If it wasnt for his dyslexia and his not very good communication skills he would do so much more. I do the form filling and phone calls because I know that its been done and done without lack of or wrong information. He has now developed a stutter and it worries me also. I have given him kicks up the backside to get him to do somethings. AND he does behave as a parent to our 2 children. I have taken slight offence to that as you dont know how his is with them both. We both share the responsibilty on that score!

To Princeof pounds: thank you. We are awaiting what court proceedings will/are going to happen and a date of when that will be. I dont think it will be a section 8 or 21. I think it be a straightforward eviction. We have never been bad tennants and have always been able to negotiate rent arrears in the past when it was almost £1000 and managed to catch up with the ongoing rent when we both worked.
As for asking friends for help. Since I had my first child visits from friends depleted, even with me inviting them over. Now I think its too far gone since seeing anyone, that re-establishing those relationships to ask for help will most inevitably blow those friendships out of the water for good. As for relatives, my parents are in the same boat as us with 2 of my sisters there (but they are council tennants) and recently had a young family pet put to sleep as they purely could not afford the expensive operation that was oh so likely (mum was and is heartbroken). My uncle bailed them out for out of hours treatment and I feel I would be 'cheeky' if I asked for some small help. As for Ebay - I've tried and failed. I've had more loss than profit. I simply dont do well with it. I use Freecycle when I need to - giving as well as receiving. But more are on there these days for 'Wants' rather than 'Offers' anymore. So that doesnt seem to working too well now. I am wanting to work. Just something thats fits in with me working this out, spending quality time with my children and partner and hoping that I dont get into a tangle with everything. I used to be in Customer Service and am still job hunting in the field I loved so much, but a customer facing role may prove too much at this point in time.

sooz

cazzie_s wrote: »

We are awaiting what court proceedings will/are going to happen and a date of when that will be. I dont think it will be a section 8 or 21. I think it be a straightforward eviction.

cazzie - There is no such thing as a 'straightforward eviction'. It must be done via notices, properly. The only two main notices are section 8 or section 21 (others are discretionary, and not applicable here). It really depends on what notice & what grounds are given to the court for eviction, as to what help you will get from the council.

kunekune

cazzie, I didn't want to offend you, but this is where the problem is from my perspective: "The money I was receiving was not enough for nappies, formula, clothes and food whereas my partner was paying for the utility bills and rent." If there isn't enough money, as there wasn't, it is irrelevant who "pays" for what. Why on earth is it your responsibility to pay for nappies, formula, etc, if you're not working? These are family expenses and family pays for them. I was not suggesting for a second that your partner is not trying to work, or doubting his difficulty in finding a job. But I was suggesting, quite strongly, that you'll find it easier to get through this and stay together if you ditch the "he pays for x and I pay for y" approach.

And sorry, because it is so unfair, but I'm not sure you can be picky about what work you do. So far as spending quality time together, that would be a bonus but that's all it is. If the children are looked after by your OH, you are free to work all hours, as he was when you looked after them. Debts are more important. I sympathise, but that's how the world is.

50plusabit

Cazzie
I have just read right through this thread, and there are a few things I would like to say to you, firstly
Do not justify your actions on here, with regards to help on feeding your kids etc. You have come on here for advice and support for the situation you find yourself in.
It is very easy for people to say, get a job, stop drinking, nobody here knows what you are really going through, so your priority is your kids and you. Although I must say your partner needs to take his head out his !!!!!!!!
You can not do this alone, you say yourself your suffering with depression.
Don't be afraid to ask for help, never be embarrassed, you are entitled to it.
You have been very busy getting hold of people, but please contact Shelter, they are amazing help, www.shelter.co.uk.
It may help to write to the agent (always try to write and get a reply on paper) ask them for a rental breakdown to show when you paid and how much, and the missed payments. Also copies of all letters and notices regarding the rent arrears. You are perfectly entitled to these, and it would help anybody helping with your situation.
I wish you good luck, and even through it is a rotten situation to be in, with the help of your partner !!! and others you can sort things out. Please contact Shelter.

cazzie_s

Ok I apologise to try and justify certain things on here and I do appreciate the help, support and advice I have been given, I really do. Its invaluable! When I into tackling a problem I get a bit absorbed and fairly motivated ringing those I should, write letters (and darn good ones to boot) and I do get results.
Thank you

silvercar

You may get more help on the debt-free board. The fact that you have rent arrears now but no other debts and that you have had rent arrears in the past suggests that you may not have been prioritising your debts properly. Rent should be your number 1 priority payment. When times are tough that comes before the credit card bill and before the utility bills.