Please help/advise?

Toxic_blink

really dont know were to post this so putting it here!
My husband and I live in housing association accomadation, i am expecting a baby in sept 17th, he works full time, we get some workin tax credits, our monthly income after tax is roughly £900, we pay £400 rent, £140 council tax, leaving us 360, for debts, bills, living expensives etc,
we have managed knock up rent arrears of around 2 and half grand, which is a lot, so we pay 400 a month for rent adding in arrears to this as our rent is only around 375 a month, we have only been payin this monthly since beginnin of this year, I will be honest and say we have missed a couple payments, but have made sure rent is paid,
so as you can see we havnt paid much off, but we are trying, also with the baby on the way its difficult.
today I have come home to find a letter from housing association saying urgent notice to end tennacny sought on grounds 10 of schedule 2.
reading through, if they go ahead with this they are under no plan to rehome us, leaving my husband, my baby and I homeless, we have no family to turn to for help
Im scared, and dont know what to do, the court order is being sought on the 20th sept, I cant go if I need to as I will have a new born baby or will be about ready to drop?

what do we do, we really cant pay any more then we already are

Cannon_Fodder

Go and see the Citizens Advice Bureau, tomorrow.

Jowo_2

Or phone Shelter, asap. Have a look at their website about eviction by social landlord and homelessness, including how those who have been considered to have made themselves intentionally homeless through not paying rent are supported.

http://england.shelter.org.uk/get_advice/eviction/eviction_of_HA_tenants

If you don't mind me asking, how on earth did you get into a situation where you owed more than 6 months rent? And how did you get into a situation of agreeing a repayment schedule that you couldn't stick to which is presumably a factor in their decision to repossess.

Toxic_blink

Jowo wrote: »

Or phone Shelter, asap. Have a look at their website about eviction by social landlord and homelessness, including how those who have been considered to have made themselves intentionally homeless through not paying rent are supported.


If you don't mind me asking, how on earth did you get into a situation where you owed more than 6 months rent? And how did you get into a situation of agreeing a repayment schedule that you couldn't stick to which is presumably a factor in their decision to repossess.

Ill have a look at that link thank you, and I will be honest with you and say I dont know! My hubby only moved in when we married june 2008, before that I was on jsa and HB, Im guessing some were along the lines payments have not been paid, I dont know, I have kept most the paper work from everything so will look through tomorrow, see were payments have been missed rent wise etc.

theartfullodger

You really need to talk to Shelter/go see CaB urgently: With the right advice & support from them there is a chance the HA can be persuaded to hold off their possession. Make sure you keep paying regular, both the rent and off the arrears, to show you are reliable & willing to sort things out...

Good luck!

Cheers!

Lodger

theartfullodger

Further to my earlier post I looked up the Ground....

Housing Act 1988,

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies




Part II Grounds on which Court may order possession

Ground 10

Some rent lawfully due from the tenant—
(a)
is unpaid on the date on which the proceedings for possession are begun;
(b)
except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

- Which, if I understand what you post correctly, means the Housing Assoc is asking for possession under a discretionary ground rather than a mandatory ground. Discretionary means the court can decide to give them possession or not. (Ground 8, which is mandatory - ie the court has to grant possession, is for more than 2 months rent due: It sounds like you are more than 2 months rent due so i think the HA is being considerate...).

So, keep paying regularly, talk to the Housing Association, talk to Shelter/CaB and TURN UP IN COURT calm, smart and tidy and politely argue your case, having filled in any forms in advance.

Hopefully if you agree to carry on paying off arrears at a fair rate judge will not grant possession...and you can stay as long as you keep paying the arrears off... I think...

Good luck!!

Cheers!

Lodger

Emma1973

With the sketchy details you've given you may well be entitled to LHA and Council Tax Benefit, have you tried claiming this before? Just have a double check on www.entitledto.com
Once the baby is born you'll be entitiled to Child Tax Credits, and should be even more entitlement to HB and CTB. Have a look at the link, then phone the relevant depts in the morning.

Fire_Fox

I would suggest you get your paperwork in order and then repost on the Debt-free Wannabe board. I find it very worrying that you don't know how you got into arrears with a priority debt, and wonder what else you are struggling with.

Complete this in full and post on the DFW board:
http://www.makesenseofcards.com/soacalc.html

N79

You need to get a grip on your finances and be ready with a realistic repayment plan to clear the arrears asap.

If the housing association have indeed gone with with a section 8 Ground 10 notice only then I suspect that they have made a mistake by not also including grounds 8 and 11. This mistake, provided you are sure they have not already given section 8 ground 8 notice is in your favour as artful has discribed above.

Provided you have a realistic repayment plan it is unlikely that a court will order repossession on ground 10, especially given your family circumstances. You will need to attend in court and make the case for either an adjournment or a suspended possession order allowing you time to repay the arreas. Shelter / CAB will be able to advise you on preparing your application.

clutton_2

you MUST attend court or the judge will have no option other than to grant possession of the property to the HA - even with a new baby

Toxic_blink

thanks for your replies, I will look at that link now, I have been on the phone to shelter and have an appointment in my local one on monday, they were really helpful.
I have no excuse for why we have got this way, I have never been good with money, and now with baby on the way, I really want to get my !!!! in gear and get things sorted!
I recieved a call from housing this am, they were asking if i had recieved the letter, I stated i had and I would be seeking further advice before committing to a agreement with them, which they were fine about!
Hubby and I have worked out when babys here, the child benifit we will be recieving we can afford to use on arrears, so that will be £80 a month towards it. Obviously I will speak to shelter and get them to help me with a proper budgeting thing, but do you think £80 extra is ok?