Can I be evicted if I pay all my rent arrears off before the court date?

me4bargains

Hi, I've just been served court papers by my housing association for rent arrears.
Thanks to the genoristy of a relative I now have a cheque to cover the entire amount.
I will be able to pay it off once the cheque clears on Wednesday but am worried that it won't make a difference.
Will my HA still pursue court action if I pay my arrears and if they do will they a judge grant them a possession order?

theartfullodger

Assuming the court papers refer to "Ground 8" (more than 2 months rent overdue...) - suggest you post what the exact wording is.. with xxx's for names etc... - then the 2 months or more overdue has to be the case when the papers are served and on the date of the court hearing....

So, make sure you are in a better situation by that date, turn up in court calm, neat and polite and discuss matters with the judge - unless it can be sorted beforehand.

HA will probably settle for bringing the arrears down to, say, 6 weeks, and agreed plan you stick to to keep paying off the arrears...

Remember, if you ever want to move you will need a good reference from your current Landlord....

Cheers!

Lodger

me4bargains

thanks lodger it is on ground 8.
I will call them tomorrow to tell them I'll be paying it all off.
I'm just scared they'll still try to boot me out

N79

Just to check that if the papers have also sited grounds 10 and 11 then the court could still evict you but is highly unlikely to do so. These are not mandatory grounds so the court is unlikely to award possession if you attend court and explain that efforts you are making to repay and explain that it will not happen again.

Please not that if ground 11 is on the form you must attend court or you are at great risk of eviction.

Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

theartfullodger

NB regarding paying arrears:

Make sure they are paid well in advance & you have a receipt/acknowledgement of the payment made.

People turning up to court on the day clutching a cheque for the Landlord have been disappointed to find that the judge grants possession. Why? A cheque can bounce, to take one simple point, or be stopped. Presenting cash to Landlord & getting a receipt is safer.

Talk to your HA & explain what you are doing: Hopefully they will agree to cancel the court hearing (saving them time & money). If they say they will do this turn up in court anyway - just in case!!

Cheers & good luck!

Lodger

me4bargains

Thanks lodger, I've just checked the papers again and it's under section 10 not 8.
I'm so so worried.
I'm going to call my ha and plead with them.
What are the chances of me being evicted under section 10 if I pay all my arrears.

silvercar

W

hat are the chances of me being evicted under section 10 if I pay all my arrears.

A lot depends on the HA attitude, did they bring this action to evict you or to get the arrears cleared?

Section 10 is discretionary, so you could persuade the judge that there is no reason to evict now that arrears are cleared, that the HA doesn't lose out by keeping you as a tenant whereas evicting you causes you hardship.

I would think (hope) that as you rent from an HA rather than a private landlord you are quite likely to be kept on.