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council house eviction

24

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    edited 17 April 2011 at 11:13AM
    It's my understanding that once a tenant has been evicted by a Local Authority and/or a Housing Association they will have been deemed to have made themselves intentionally homeless if it was due to non-payment of rent or anti-social behaviour. They will also be black-listed and will never be offered another property regardless of their circumstances in the future. Nearly all LAs/HAs compare notes so any other LA/HA in the country will in all likelihood find about it and decline any future applications.

    The best that can be hoped for, if your friend is unable to find alternative, privately-rented accommodation on their own is that the LA will attempt help them find some.

    All of those grown-adults in that property had better start saving for their onward move. At best, I reckon they've only got a couple of months on the outside.
  • Running_Horse
    Running_Horse Posts: 11,809 Forumite
    Part of the Furniture Combo Breaker
    While in theory a council or HA will not rehouse someone with previous arrears, you would be surprised how often it happens.
    Been away for a while.
  • thebull
    thebull Posts: 180 Forumite
    I have asked my friend again and she has told me again that no way does she owe rent i belive her on this point.
    On the other points I think she has had it ie, anti social and yes over crowding.
    I would like to point out that in now way shape or form do I condone what has gone on in that household which is why I am a friend now and not a partner.
    My only concern is my friend ......
  • jolfc
    jolfc Posts: 446 Forumite
    Part of the Furniture 100 Posts
    Surely she has a rent card that is filled in when rent paid or if a direct debit bank statements to back her up, I only say this as 2 of my friends are in council property and have rent cards, she could also request a print out from the council of all her payments made. :)
  • thebull
    thebull Posts: 180 Forumite
    over the telephone she has told me she has the payment slips for her rent i believe her on this point .I think she will have to leave on the other point of anti social I was just wondering what sort of help she may or may not get ?
  • Ulfar
    Ulfar Posts: 1,309 Forumite
    First thing she needs to do is clear up the issue of rent arrears with the council, if she has proof this should be fairly straight forward.

    The next and more controversial is to boot out daughter and partner, this sounds harsh but their actions have put the whole family at risk of homelessness.

    Finding a private rental is not going to be easy if she gets evicted for rent arrears and anti social behaviour (even if it wasn't her but family members).
  • Mikazaru
    Mikazaru Posts: 380 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    She needs to clarify the rent arrears with the HA first. Even in conjuction with anti-social behaviour they wouldn't go for eviction without significant rent arrears. She needs to find out why they say she has rent arrears and what she owes if anything. There would have been numerous attempts at contact about the rent arrears before, what has she done to try and resolve it?
  • thebull
    thebull Posts: 180 Forumite
    great minds think alike Ulfar that is why I am now just a friend .
    She says she has proof for rent which I accept since I know her well enough,
    My own thoughts are that her and the 15 year old will "have" to be re-housed while the other adults will have to fend for them selves I also think the 2 babys will be taken into care which to my mind will be a very good thing .
    Like I said at the start its a mess .
  • boo1
    boo1 Posts: 160 Forumite
    As a housing officer I have to agree that eviction really is the very last straw when all other avenues have been exhausted. She should have been advised by her Housing Association that she can apply to the County Court to stay the eviction, however as you have not given us the whole picture as to why she is being evicted (what are the alleged rent arrears, what was the anti social behaviour?) it is hard to predict which way the Judge will go. In my experience Judges only make people homeless in the rarest of cases. Has she perhaps already been to court already and the Council were awarded a Postponed Possession Order (PPO) or a Suspended Possession Order (SPO) and she has breached this?
  • Jenniefour
    Jenniefour Posts: 1,396 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    Is it possible that your friend go down to see them, taking with her the proof she has of rent paid - and if there are arrears come to some agreement with them - in a calm co-operative manner. And also agree - and do it - that the people who have been using anti social behaviour must find their own alternative accomodation immediately. Or has it gone too far for that?
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