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

Leigh73

AGB863 wrote: »

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.

Thanks AGB863, for this info.

That's good to know.

Leigh73

DarkConvict wrote: »

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.

Hiya DarkConvict,

Thanks for your reply.

Hope your Mum is ok now.

I went back to AA last night. It was great to see some old friends :-)

Kind regards,

Leigh.

Leigh73

DarkConvict wrote: »

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

Hi again DC,

Many Thanks for the info / link.

I checked this when I called Shelter yesterday, and apparently, the law has (luckily) changed, so as to protect the tenant a bit more.

According to Shelter, the 'tolerated trespasser' status doesn't exist any more.

Thank goodness, it isn't going to get to that stage though.

Thanks again,

Leigh.

Leigh73

beanielou wrote: »

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.

Hi beanielou,

By Friday, this will be behind me thank goodness.

I called the HA yesterday to get confirmation of the total figure outstanding - £727.21 Rent Arrears + £100 Court Costs (which will be payable, now that he's already applied for a court hearing) = Total owing of £827.21

Do you, or anyone on the boards know if I pay the HA or the Court the arrears? I'm presuming the HA? What about the Court costs?

My Girlfriend is going to transfer the full £827.21 into my account this Friday, and I will then phone up the HA and pay all of this off with my debit card.

Could any wise owl on here confirm that I do pay all this directly to the HA and not to the Court, yes?

On the phone yesterday, the chap at the HA confirmed that if this full amount is paid, then there will be no further action, and that he would only continue to court to claim costs *only* if anything less than the full £827.21 was paid.

It *seems* that this can be sorted before it even gets to court, thus avoiding the Postponed Possession Order, and the loss of my flat, thanks to my lifesaver of a girlfriend and the very understanding guy at the HA.. but, I'm still panicking!

I just want to make sure I do everything properly and above board.

I also suggested to the HA yesterday, that as of this Friday, I'll start paying the £5.00 shortfall, so as to not get in this mess ever again. I'll get a Direct Debit set up in the meantime.

Anything I'm missing?!

Thanks again,

Leigh x

DarkConvict

I believe they would fail to obtain anything in court if the balance is under 3 months rent.

But to be sure, make payment to the HA in full asap, as they have applied for the court there is still time for you to stop it happening.

Your lucky to have such a good girlfriend offering that amount, don't forget the standing order to her too

Leigh73

DarkConvict wrote: »

I believe they would fail to obtain anything in court if the balance is under 3 months rent.

But to be sure, make payment to the HA in full asap, as they have applied for the court there is still time for you to stop it happening.

Your lucky to have such a good girlfriend offering that amount, don't forget the standing order to her too

Yep. I cant wait to get this paid on Friday, and put it all behind me!

I realise I am lucky. My Girlfriend and I had a chat last night about how we didn't want the 'dynamic' between us to change due to money, as I was worried it could.. We're open about everything, which is great

I'll be treating her this weekend as it's her Birthday, and I'll be cooking a meal for us. Will sort out a DD / SO for a weekly payment to her also. She knows how embarassingly paltry my income is at the moment (ESA of £128.60 a fortnight ) but I want to pay her £5 - 10 a week to start with, until I can afford more, once I'm back in work.

Thanks again DC.

Leigh

Leigh73

PS -Forgot to say..

Yes, I'll be paying the HA the full £827 on Friday, after my Girlfriend has transferred the cash into my account.

Can't wait to get this sorted.

DarkConvict

My GF is on ESA too at the moment for health reasons, her home environment doesn't do her any favours so trying to get her to move in with me, get better and start work/University. Money doesn't bother us.

Leigh73

Same here re ESA / health reasons. Hope she feels better soon.

Am posting on Housing board about this as we speak..

I obviously trust the guy at the Housing Association, but I would like something in writing, before I settle the rent arrears / court costs with him.

Any ideas folks, re the best way to go about this? I'd just like to cover our backs before paying such a huge amount of my Girlfriends dosh!

The HA are surely not going to confirm anything in writing *before* this is paid are they?

Thanks,

Leigh.

DarkConvict

If you can, pop in and see him in person.