I'm being evicted in 3 weeks, help.

Starryeyes_2

Hello all, forgive me i'm in a bit of a state here.

I'm living in my dads house at the moment with my 2 small children, have been for about a year and a half since splitting with partner and having financial difficulties, i'm also currently pregnant. my partner and I have reconciled but not living togather and currently have a claim going through for housing help.

MY dads house is rented by the guiness trust, and he pays some rent, and the HB pays the rest, when my brother got a job, they asked for validation of his hours and salery etc...which he gave to them including payslips, he works with my partner, who got all the forms he needed signed from work.

On march the second the HB suspended the claim, and so haven't been pahying their part of the rent. We didn't know this until last thursday when my dad received his quartely rent statement, so right away he went to the rent office and the HB office to find out what was going on, who told him they had everything they needed for the claim and couldn't understand why it had been stopped and that someone at the office had made an error, then he went to see the rent officer to tell him what happened, who agreed it wasn't his fault and no further action would be taken, as they can see he has been paying his part of the rent.

A few hours ago, he had a letter of eviction, which will take place on the 21st of July at 11.30am.

He rang guiness who told him, because he or them didn't know anything about the HB error, it has all been going through the court without us realising, bearing in mind this has been to court once before I came here, and an agreement was made for him to pay so much per week, which he has done ever since.

He has gone to the court to get a form to appeal the eviction, but bearing in mind it's set for 21st of next month, i'm worried.

I have just called the housing association that i'm registred with, and my claim hasn't been validated yet, but she was helpful and said if I fax them over a copy of the eviction notice, she would add it to the file. I know we won't be offered anything before then so that's here nor there.

So realistically speaking, what are the chances of getting this stopped? how long will an appeal process take, do I need to start getting my stuff out? I didn't know anything about this until last thursday, and as far as I was aware it had all been sorted, but now it's in the hands of the courts, I can't watch my children go through this, i'm worried for my unborn child..please help.

Jowo_2

Contact Shelter asap. They have a helpline number or may have a local drop-in office. They will give you free expert advice about your rights and the eviction process,including how to defend yourself, plus how the local council are supposed to treat you if you are about to be homeless. Failing that, Citizens advice should assist.


Is it solely because of arrears that this court case went ahead or were there other grounds? Do you mean by 'letter of eviction' that the possession notice has already been granted in a previous court case so that is the date set when you must move out or do you mean this is the initial case ?

Starryeyes_2

It's a 3 week wait for a CAB appt here, I have dealt with them before and to be honest, they weren't very helpful at all :-(
Shelter are on my list to call next.

If by some miracle we manged to get the money together that is owed and get it all paid off, would that be enough to stop it?

Pee

Shelter are brilliant. They will def help.

Otherwise sounds like your dad could get LegalAid and go and see a solicitor.

Starryeyes_2

Ok, I can't get through to shelter, they are very busy but I will keep trying.

So does anyone know if it will stiop if it's paid?

Also, if a hearing is granted, are there any tips on what to say, I know it's best not to imply there is any kind of alt accomodation with family or friends, but is there anything else that will help?

mailmannz

Sounds like a pretty stink situation you guys are in there aye.

Look on the bright side of this...this could be the ideal time to break yourself of the habit of having to rely on the state for aid.

Become self sufficient, look after yourselves (instead of relying on others to look after you) and you wont have problems like this.

BTW, if you arent living with your partner, make sure you hit him for everyting he is worth in child support!

Mailman

Starryeyes_2

this could be the ideal time to break yourself of the habit of having to rely on the state for aid

Neither me or my partner have ever claimed anything in our lives, unless you count sick pay when he was off work for 3 months with a broken leg!

So please don't presume, I work, and I pay to live here.

He has been to court and filed the form, he will go back on Monday to get a hearing date, he has also spoken to the rent officer who represents the HA, he knows this is nobodys fault but an error made by the HB office and he will be present at the hearing to confirm this.
He said not to worry, the matter shouldn't have gone to court in the 1st place and he should have been advised long before now that the payments had stopped.

I know that ultimately the decision lies with the judge, but am I ok to stop worrying?

Pee

You are ok to stop worrying, but not ok to let this slide. Do speak to Shelter and do get something to this effect in writing from the rent officer in case he cannot make court that day etc.

Good luck.

I think shelter have a 24 hour line, so plenty of chance to get through still.

Kimitatsu

Starryeyes - you say you have a notice of eviction, but is that a notice seeking possession of the property or just that you need to be out of there or they will seek a possession warrant?

I will be honest, sounds like they may have a suspended possession order already, but even if they have it can be stopped right up to the last minute without anything else going any further. I know your Dad has appealed the eviction but three weeks seems very quick to me especially given the children in the property. Like others have said, contact Shelter and if possible get legal aid to represent you. in my view it would be unreasonable of the trust to take this any further given the fact that this is not your fault.

Have you tried to get the HB office to contact them to explain the error?

Starryeyes_2

Thanks very much for your help :-)

bendix

Starryeyes wrote: »

this could be the ideal time to break yourself of the habit of having to rely on the state for aid

Neither me or my partner have ever claimed anything in our lives, unless you count sick pay when he was off work for 3 months with a broken leg!

So please don't presume, I work, and I pay to live here.

He has been to court and filed the form, he will go back on Monday to get a hearing date, he has also spoken to the rent officer who represents the HA, he knows this is nobodys fault but an error made by the HB office and he will be present at the hearing to confirm this.
He said not to worry, the matter shouldn't have gone to court in the 1st place and he should have been advised long before now that the payments had stopped.

I know that ultimately the decision lies with the judge, but am I ok to stop worrying?

Ummm . what role is your partner playing in all this? From what you've written, it seems none. If that's the case, he sounds a right !!!! to be letting his kids and their mother go through this.