About to get a 'Postponed Possession Order' - Am I going to be evicted?

Leigh73

Hi all,

I'll try and keep this short and to the point..am so stressed. Can't think straight, and keep crying. No good. My Girlfriend was a star at around midnight. Talked things through on the phone, and she's coming over at 3pm today (Tuesday) to help me try and get through this

I've not slept all night, as I've been online trying to work out what the h-ll to do next.

Long story short, I have lived in my flat since June '08 - an Assured Shorthold Tenancy - rented from a Housing Association.

July 27th 2009, I received a 'Notice of Seeking Possession' on Ground 10.

This was never taken further through court, as I came to an arrangement with the Housing Association, and paid so much a week.

I started a job last August, and lost this job in November due to depression and alcoholism.

Met up with the 'Income Management' chap from the HA at my flat at the end of November, as I'd not been able to continue making the weekly payments (current rent + contribution towards paying off the arrears).

I told the HA chap of my problems, the help I was getting for them, and that I'd been in touch with the Council re Housing Benefit.

HA chap agreed to not take any further action, and for us to wait until council made a decision re Housing Benefit.

December - I fell off the wagon and got very down about everything.

Where we are now -

Yesterday - Monday 25th January 2010 - I had a phone call from the same chap from debt recovery at the HA - telling me that as he hadn't heard anything from me since meeting me last November / no payments recieved since then (they'd also written to me on December 22nd asking me to start paying £5.00 per week off the arrears + my contribution to rent of £5.00 = £10.00 per week)... I was drinking again at that time, and did not sort this out - did not pay.

The chap from HA left a message on my landline, saying that as he "...had not heard from me, he had no alternative but to take me to court" and that he "..will be asking purely for a Postponed Possession Order"

He apologised for having to go down this road, but that as I'd not been in touch he'd been left with no alternative.

I feel terrible, as he's such a lovely bloke. At the end of the day though, he / the HA obviously want the money that I owe them, which is fair enough.

I'm scared witless that I'm going to lose my flat, due to my past stupidity from the drinking and depression.

I haven't drank on it though, and am will have been 4 weeks sober this Friday (my last drink having been January 1st 2010).

The situation as it stands -

My Rent Arrears (as of 22nd December 2009) stood at £771.69.

I'm 99% certain that since then the Council have paid the HA some Housing Benefit, but I'm not sure as to how much.

So, £771.69 + a further 5 weeks rent arrears (from 22nd December of 5 x £74.49 rent payable to HA per week = £372.45) = Total Arrears Owed of £1,144.14

Now, these figures don't take into account the Housing Benefit that has been paid- they've had some, but I don't know how much. I can't find paperwork, and will call the Council this morning.

Now, I've had a Google for info re Postponed Possession Orders..

I'm really trying to stay calm here, but am I right in thinking that I'm going to lose my home, or will this be last chance saloon, whereby the court will enforce a weekly arrangement regarding the arrears / arrangement to pay current rent?

My Girlfriend has offered to pay the arrears of (what I think it is approx, minus the Housing Benefit) of £800.00 this afternoon. I am then going to offer the HA £5 - 10 per week (shortfall of current rent) as of this Friday, directly out of my ESA benefit or Direct Debit, until I can find work. Hoping that the HA won't then go to Court.

I'm just terrified that this is going to be too little, too late :-/
Am worried that even if the £800 is paid to the HA later on today, they'll still take this to court and I'll lose the flat.

Any advice re the legal facts re the Postponed Possession Order, and what happens next, would be most appreciated as I'm finding it tough to see clearly right now.

I'll be calling the Housing Association at 8.30am.

Many Thanks,

Leigh.

(Also posted in the Housing board)

immoral_angeluk

If you get a postponed possession order you won't be evicted unless you don't keep up with the agreed repayment, after which they would go back to court for a warrant of eviction, if my housing knowledge serves me correctly.

Leigh73

Hi immoral angel uk,

Thank You for the info.

That is a huge relief to know.

I take it then, that the HA are looking for a legally enforced repayment agreement, so that they know that they'll get their money (fair enough) rather than looking to evict me?

Should my Girlfriend still go ahead and pay the £800 to the HA this afternoon?

Thanks again,

Leigh.

AGB863

Just seen you are on ESA - are you still on the assessment period and therefore getting £64.30?

As you have not heard anything from the council about housing benefit claim, you can contact the H/A and ask them to find out if the claim has been processed and if it has how much you are getting towards your rent.

AGB863

There is legislation that says if you are in receipt of benefits / low income the maximum that can be requested for rent arrears is £3.25 per week, but you can pay more if you wish.

JasX

should you not be sorting out applying for housing benefit yourself (ie apply for it, check how much you are gettign and make sure its being paid).

relying on someone else to do everything and 'assuming' it's all ok if you don;t hear anything sounds like a very good recipe for losing your house

DarkConvict

The OP has tried to sort it out himself previously, but as seen above suffers from sprouts of depression and alcoholism. I saw my mom show alcoholic behaviour one day (just a one off) it wasn't very nice so i can understand as it is all about shutting yourself off from the world.

Your very lucky to have your GF stick by you during the last few months. With the cost of alcohol i would advise you go cold turkey for along time and seek to sort out any debts you have first before touching it again. If your GF wants to pay and they will accept then by all means let her, it will certainly put you back in the graces of the HA. I would go a step further and write/visit the HA to see the guy dealing with it and offer an apology im sure he would appreciate it.

AGB863

People come on here for help and support - not for inane comments like yours - if you can't help don't post

JasX wrote: »

should you not be sorting out applying for housing benefit yourself (ie apply for it, check how much you are gettign and make sure its being paid).

relying on someone else to do everything and 'assuming' it's all ok if you don;t hear anything sounds like a very good recipe for losing your house

DarkConvict

Page 16, chapter 11 - http://www.communities.gov.uk/documents/housing/pdf/151885.pdf

I think a Postponed Possession Order is given to those in breach of terms, i.e. paying rent. It is sought not to evict the tenent but end the fact that there tenancy agreement (allowed to rent the property) is revoked and you become a trespasser. But so long as you pay rent you are a tolerated trespasser. Nevertheless the next stage is eviction unless you get back within the agreed terms and pay rent.
It does also mean as a tolerated trespasser, you cannot buy the property, neither with the local HA maintain the property.

If possible, avoid it

beanielou

I hope that you can get this sorted out.
Can I just stress though that you do need to stick to the repayment plan which you are going to agree otherwise further action will be taken.

Leigh73

AGB863 wrote: »

Just seen you are on ESA - are you still on the assessment period and therefore getting £64.30?

As you have not heard anything from the council about housing benefit claim, you can contact the H/A and ask them to find out if the claim has been processed and if it has how much you are getting towards your rent.

Hi AGB863,

Yes, I'm still on the assessment rate of ESA, of £64.30 per week.

I am 99% certain that the Council are paying the Housing Association, Housing Benefit of £69.49 per week, as confirmed by the HA in writing previously. My weekly rent charged by the HA is £74.49.

Thus leaving a shortfall of rent, which I need to pay each week, of £5.00.

I am about to call the HB dpt at the Council this morning, to confirm that this is the amount which the HA are receiving.

I called the HA yesterday, and the HB is being paid, but I need to speak with the HB dpt again now, to also find out why they didn't backdate my HB payments from when I finished work on October 27th.

Thanks,

Leigh.