Housing Association serving Notice of Posession - help!

SignificantAlter

Hi.

We have lived in our housing association property for the past three and a half years.
Due to post natal depression I unfortunately lost track of when I had been to the post office to pay the rent leading to us being 2 weeks in arrears. I arranged with the housing association to then pay my weekly rent by direct debit, with an extra £10 a week to clear the arrears. We had a low income as my husband worked but I am a carer for our three disabled children and therefore cannot work. I am in receipt of Carers Allowance.

The arrears were within one month of being cleared when my husband lost his job on the 1st June. I immediately informed Tax Credits, got a claim in for Jobseekers Allowance, Housing Benefit and Council Tax benefit and rang the Housing Association. I did all this on the day he lost his job.

I also altered the direct debit so that I was still paying £10 off the arrears every week. I rang the Housing Association every week with an update on what was happening after I'd spoken to the Housing Benefit office, yet I still got phone calls at least twice a week from the Income Recovery Team at the Housing Association.

When I learned that Housing Benefit would only start paying from 7 days after my claim was submitted I rang the Housing Association, explained this and upped the weekly payment to £15 to take into account an extra weeks' rent being added to the arrears that wouldn't be paid by Housing Benefit. They seemed happy with this.

Housing Benefit explained they had an eight week delay with paying claims. Again I informed the Housing Association on what was happening. I was still getting twice weekly calls despite staying in touch.

This morning I got a phone call from the Housing Association. They have told me that Housing Benefit have been in touch and they will be paying full housing benefit for us commencing the exact date I have told them. This payment will happen on 3rd August.

Yet they want to serve a notice of posession on me because of the level of arrears. This bearing in mind that on the 3rd August all but just under £200 will be cleared off the account by Housing Benefit, and there is a weekly direct debit in place to ensure that will be paid every week at £15 a week.

It's not that I don't want to pay, I'm doing everything I possibly can to sort this out yet they want to serve a notice of posession on us. They've said it's nothing to worry about but a manager will be around to serve the notice in person soon and it gives us 28 days to sort everything out.

I am so scared to have this hanging over us. I am trying to get through to shelter but the lines are busy.

Any advice?

Jowo_2

I came across this advice on another forum that claims that the local authority is obliged to issue an interim HB payment 14 days after an original claim. Check if you can do this to accelerate the payment of the outstanding rent.

"People should also remember that if the HB people have all the information that they need from the tenant, the HB can make a payment after 14 days, called an interim payment. These are not discretionary, they must pay you an amount which it considers reasonable.
They can only be refused if it is clear you will not got HB or you have not provided the info. Its always worth LA's and LL's with LHA and HB tenants reminding them of this. But they must ask for an 'interim payment', not a 'discretionary housing payment', these are two entirely different things. The LA are supposed to give you a decision on your claim within 14 days ( if anyone has ever had that please let me know!) or if that is not reasonably practicable asap.
The interim payment comes in if they have not done it 'within' 14 days, so I think you have to give them the full 14 days, then apply on the 15th day, I've not come across a LA yet that automatically gives out interim payments without them being asked! "

Keep good written records of your contact with the Housing Association, sending them letters and keeping copies, making notes of your telephone conversations to provide an audit trail of all your communication.

Go to your local Citizens Advice Bureau.

Running_Horse

No way will you be evicted for this...if you have acted in good faith.

Any judge will find a way to keep you in your home...if you are willing to pay something off arrears.

Relax.

Zingara

A Notice Seeking Possession isn't notification of court action, it is just a notice advising that they can take court action when the Notice expires (in this case it sounds like 28 days) if the arrears haven't reduced. Should your Housing Benefit come through as has been advised and there isn't a problem with your Direct Debit being paid (I presume you have checked with the HA that that is going onto your account okay) then you should have nothing to worry about.

Unfortunately for you, your arrears will have reached the stage where they have no option but to serve Notice as it will be in their policy that one should be served when the arrears reach a certain level.

Honestly, it is nothing to worry about assuming everything is as you have said it is. May be worth trying to contact the HB section and see if they can get payment through any quicker to them - that won't help really though if Notice is being served today.

Regards,

Karen

SignificantAlter

I have checked with my online banking, every single direct debit has gone through fine, there are funds available. When I set the level I made sure it was an amount I could stick to.

dreamcatcher73

Please don't worry about this, the same thing happened to me. The HA have to serve a notice on you because of the level of arrears, but no action will be taken as long as you continue with your agreement and the HB is paid. In my case, my HB was delayed because they were waiting for information from the HA!
Contact HB and tell them a notice is being served on you, they may speed up your claim and check they have all the necessary information to avoid any further delays.

As long as you stay in contact with the HA and keep them informed as to when the HB will be paid, there will be no problem.

SignificantAlter

Everything is also exactly as I have stated. I have the psych team ready to confirm that I was being treated for post natal depression when the original 2 weeks' arrears occurred, I have correspondence from my husband's former employers confirming that the job ended on 1st June, the housing benefit application form has a datestamp on it confirming it was issued on 1st June, I have a paper trail of bank statements showing all the direct debits were made. The only thing I don't have a record of is when I phoned the housing association but I could get that off our BT online account as it's a clear number to find, 0845.

SignificantAlter

Dreamcatcher, I don't seem able to thank you for that post #6 but thank you

dreamcatcher73

You're welcome, and please do not worry! You are keeping your agreement to pay the arrears and the HB has been approved, you have no concerns.
My HA are always moaning about HB because they seem to just pay it when they want to! lol I often end up a few hundred quid in arrears before the HB gets paid. I think HA'a are used to this sort of thing.

Sit down, relax, have a cuppa and stop worrying!

SignificantAlter

Have now spoken to Housing Benefit. They have sped up the claim and are paying the six weeks' arrears on Friday this week.
That's stopped the notice of posession! I am so relieved!

dreamcatcher73

Excellent news, NOW you can relax lol