neighbour being evicted, HELP!

jenhug

a section 21 was issued in march but we never recieved one, it just came in a copy of the papers that the L/A gave us today.

franklee

I can't quite follow this as I've lost track of what court dates have happened and what is due Tuesday? But if you really didn't receive the S21 then obviously tell the court so if you've got a hearing. Also tell them about the recent major surgery as that may be grounds for exceptional hardship:

http://www.landlordzone.co.uk/forums/showthread.php?35706-Exceptional-Hardship-defence-in-Section-21-court-proceedings&p=280588#post280588

http://www.landlordzone.co.uk/forums/showthread.php?35706-Exceptional-Hardship-defence-in-Section-21-court-proceedings

Some possible examples of exceptional hardship may be a tenant who has a sick or disabled child, or one who has just had an operation or given birth. There is no strict legal definition of the term so it is always worth arguing this before a judge.

You may get some delay out of it of things haven't already gone too far.

It does seem odd that so many letters have gone missing!

pmlindyloo

This is a total longshot and too late for today but have you got a large CAB near you with a housing specialist on board?

If you rang on Monday (or dropped in, if that's how they operate) and stressed that it was an emergency there may be a chance that you could get some support. Our CAB housing specialist actually attends court to assist people.

Know it's a long shot but worth a phone call/visit if you can.

jenhug

Sorry, spoke to the court this morning who advised it wasn't too late to have a stay of execution hearing and we applied to the court for this today, the hearing for this is on tuesday.

What we can't quite work out is it seems the rent arrears just don't add up, supposedly £50 a month short, then £750, now currently £320 ish I think. I told the L/A they have mismanaged the case and they don't agree, funny that.

go_cat

Just wanted to wish you luck with this - you sound like the most amazing neighbour, i bet people are wishing you lived next door to them

jenhug

Well, all I can say is OMG! We took a chance, drove to the land lord, cap in hand, what a lovely couple. They have agreed that if she pays the arrears, and they can get insurance, SHE CAN STAY! They said I obviously felt strongly about it to go to the lengths that I had to help her stay. They did say "how can we be sure that she will continue to pay the rent?" I said other than she gives her word, you can't, but, you don't know that the next tenant will pay either. They are glad we applied for a stay of execution, and are going to investigate and help all they can.

What a result!

I'll keep you updated! I'm so excited I cannot tell you!

jenhug

Am I a bit weird? if I read this back as being a post from someone else, I sound a bit of a loon to be honest!

PPPingu

a little excited, but not that weird...
Really pleased for you both, hope it gets completely sorted ASAP.

Counting_Pennies_2

jenhug wrote: »

Well, all I can say is OMG! We took a chance, drove to the land lord, cap in hand, what a lovely couple. They have agreed that if she pays the arrears, and they can get insurance, SHE CAN STAY! They said I obviously felt strongly about it to go to the lengths that I had to help her stay. They did say "how can we be sure that she will continue to pay the rent?" I said other than she gives her word, you can't, but, you don't know that the next tenant will pay either. They are glad we applied for a stay of execution, and are going to investigate and help all they can.

What a result!

I'll keep you updated! I'm so excited I cannot tell you!

Have they agreed to go with a different letting agent too!

Welshwoofs

jenhug wrote: »

Well, all I can say is OMG! We took a chance, drove to the land lord, cap in hand, what a lovely couple. They have agreed that if she pays the arrears, and they can get insurance, SHE CAN STAY! They said I obviously felt strongly about it to go to the lengths that I had to help her stay. They did say "how can we be sure that she will continue to pay the rent?" I said other than she gives her word, you can't, but, you don't know that the next tenant will pay either. They are glad we applied for a stay of execution, and are going to investigate and help all they can.

Don't get too excited too quickly because the important part is highlighted.

My guess is that the problem is that much LL insurance DOES NOT cover you if your tenants are on benefits. It's one of the reasons many LLs will say "No DSS" in adverts. It sounds as though they accepted your neighbour as a tenant and then discovered their insurance had a clause disallowing benefits claimants.

So whether your neighbour stays hinges on whether they can get insurance which will allow people on benefit - they are higher risk which is why they cause insurance problems.