Notice of seeking possession help

Wee_Willy_Harris

As a rule of thumb, arrears WILL stop an exchange as the exchange effectively creates a new tenancy and they cannot evict for arrears from a previous tenancy (FTA's - Former Tenants Arrears). However, if the arrears have been cleared then any exchange would be approved at the discretion of the HA which, effectively, means the housing manager. If they refuse the exchange, arrange a meeting with the manager and plead your case as stated above. I'd be surprised if you were refused.

mandy130

Thanks wee willy, I am going to see my area housing officer on Monday to ask her about it, hopefully it will be ok....should it not be, I will ask for a meeting with her manager.

squinty

There are only limited grounds where a council can refuse an exchange - there are laid out in schedule 3 of the 1985 Housing Act.

The one that is anissue is ground 2:

"Proceedings have been begun for possession of the dwelling-house of which the tenant or the proposed assignee is the secure tenant on one or more of grounds 1 to 6 in Part I of Schedule 2 (grounds on which possession may be ordered despite absence of suitable alternative accommodation), or there has been served on the tenant or the proposed assignee a notice under section 83 (notice of proceedings for possession) which specifies one or more of those grounds and is still in force."

So if you have a NoSP served (rent arrears is ground one) the council may withhold permission.

However - what some council do is to grant you permission to exchange, but make it a condition of this permission that you keep the rent account clear.

If you see the manager, and you are in a position to make sure the rent is paid on time every week, you could let them know that you are agreeable to this condition being in place.

Morglin

mandy130 wrote: »

I am a council tenant and I have a notice of seeking possession in place for outstanding rent arrears. My arrears are about to be cleared and I will then be applying for a mutual exchange with a tenant on the same council. Will the NSP be withdrawn once the arrears are cleared, or will this remain on me for the 1 year duration, also will I be turned down for the mutual exchange because I have this?

Any help greatly appreciated.

Regards

Mandy

It very much depends on the council/HA involved - some let an exchange take place once there are no arrears, others insist on 6 months of clear rent paid.

Give them a ring on Monday.

I wouldn't worry too much about the NOSP - some tenants have enough of them to wallpaper a room! Provided arrangements are made to clear the owed rent, they aren't acted upon. They must expire or something, as my old neighbour regularly got one, because the council benefits dept were continually mucking up her claim for HB.

Councils understand that housing benefit is often the cause of arrears, and often issue them to try and jog the HB claim along.

Lin

Hsarcgib

mandy130 wrote: »

Thanks wee willy, I am going to see my area housing officer on Monday to ask her about it, hopefully it will be ok....should it not be, I will ask for a meeting with her manager.

Keep us updated.

mandy130

Thanks for all your advice, feeling a little more positive today about all this....have just found out today that my exchange partner has one too, she told me she got hers as she pays her rent in arrears every month, and one month while in-between jobs she fell one month behind and they issued it? Seems they do serve these alot.

I will keep you informed!

Thanks again everyone

Mandy x

Shelldean

mandy130 wrote: »

Thanks for all your advice, feeling a little more positive today about all this....have just found out today that my exchange partner has one too, she told me she got hers as she pays her rent in arrears every month, and one month while in-between jobs she fell one month behind and they issued it? Seems they do serve these alot.

I will keep you informed!

Thanks again everyone

Mandy x

Mandy good luck with the exchange!
Our HA issues NSP when the account goes more than a certain amount. We've been in arrears lots and lots due to the way OH is paid, and the fact HB is paid in arrears. And we've been served with one of these even when we've got an agreement to pay inplace. Our rent officer said they are sent out automatically.

mandy130

Well its all good news, they said i can do the exchange so long as the rent arrears were cleared...so happy days, until i got the news my dad might have cancer...not so happy days

Yorkie1

Pleased the house situation seems to be working out for you, sorry to hear the other news, hope you can be there for him as much as you can.