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council rent

I live in a council house and have arrears from an overpayment of houseing benefit about 3 1/2 yrs ago. Its about £300 left at the mo.
I was paying £260 a month and this covered about £5 a month for arrears not alot I know but thats all I could afford but now the rent has gone up to £262 a month which I am paying but the council are chasing me for more to pay off the arrears. I get 4 rent free weeks a year which i still pay to clear the arrears.
Housing benefit is not an option because as far as they are concerned we earn enough to pay the rent but they do not take into consideration the iva payments my husband is paying.
My question is can they evict me for this? Or because I am paying the rent every month will it be left to the rent free weeks to catch up?

Comments

  • lincroft1710
    lincroft1710 Posts: 19,265 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm not certain but as you are trying to pay off arrears and keeping up to date with current payments, it seems unlikely they would evict you.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    You may get reassurance from speaking to Shelter or looking at their sections on eviction from the council.

    Remember that eviction is a completely last resort from social housing landlords - they have to demonstrate in court that they have tried to negotiate with a tenant to resolve the problems and that the tenant has not cooperated. In that respect, it will never come out of the blue and should not apply where a tenant is cooperating with a current plan.

    To me, it just sounds like they are seeing if you are in the position to bring down the arrears in the near future.

    I reckon your best bet is to write them a letter to explain the impact of the IVA, keep a copy, make sure the channel of communication is good and don't ignore it. If you are not confident of doing this, the Citizens Advice Bureau or local Shelter drop-in office will help you to draft this.

    Worst approach is to ignore it.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Complete this and post on the Debt-free Wannabe board:
    http://www.makesenseofcards.com/soacalc.html
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    def speak to shelter.

    Once agreed and you stick to it, your payment plan should be enough
This discussion has been closed.
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