Possession Order Help

blckbrd

Just occured to me to ask. Is you cousin still in the first 12 months of her tenancy (i.e. an Introductory Tenany)? If she is then she has greatly reduced rights compared to an assured tenant.

skint-student-nurse

blckbrd wrote: »

Just occured to me to ask. Is you cousin still in the first 12 months of her tenancy (i.e. an Introductory Tenany)? If she is then she has greatly reduced rights compared to an assured tenant.

her tennancy had an intro period of 6 months,and after speaking to shelter and the CAB,she hasnt got a leg to stand on with regards to her tennancy.

thanks for all the replys!

blckbrd

That's such a shame. Scabrous idea those introductory tenancies. They are meant to keep unruly tenants in line but they just seem to punish people who mess up unintentionally.

SouthCoast

we have worked out that she has overpaid her rent (she was due some rent free weeks,but they have not been deducted)

Sorry, but confused.

What grounds are the HA using to obtain a possession order?

If the rent is up to date what HA rules have been broken?

skint-student-nurse

they are claiming that the deposit and first amount of rent had not been paid, but it has been paid. but,as my cousin is out of her 6 months introductory period,there is not a lot she can do as the HA have followed the correct procedure,ie,obtaining court papers.

DVardysShadow

Do the papers give any indication of an opportunity to file a defence?

skint-student-nurse

she has some forms to fill in that basically ask for her side of the story, ie,does she agree with why she is being taken to court, does she agree with the arrears that the HA are claiming she owes,what are her incoming/outgoing finances,has she another place to stay,etc. the papers to ask if she wishes to make a counter-claim,but shelter have said that this is unlikely she will be able to make a counter-claim.

DVardysShadow

The counter claim is not important. What is really important is to file a defence. And to meet the deadlines. Have CAB and shelter not given this advice already?

If not why not?

blckbrd

http://www.housinglaw.org.uk/Intro%20Ten.htm

Some info on intro tenancies. Nothing differnt to add to the advice your cous has been given but if anything can be done it would have to start with her requating a revview so get her to do that asap.

Also, when told not to worry about the initial notice was this done over the telephone? Do the HA record calls? If so ask for a copy/transcript (may need a Subject Data Access request) copy as part of the review.

Try anything that may prove they have not followed their own procedures as this may stay/prevent an order for possession.

clutton_2

when legal proceedings are underway - anyone can request relevant informatoin for evidence from anybody without the confines of the Data Protection Act. i have just done this.