notice of intention to seek possession ... question

lazystakes

hi guys ,
was wondering if anyone can give me some advice over a NSP letter

the letter says that it is the the intention to seek possession

it is due to that fact i have fallen behind in my rent
the arrears are not that huge couple of hundred pounds
and i plan on clearing them off in the next week

however before i ring them up
i wondered where i stand
i mean i know it is my fault and they are well within there right to seek possession
but
does this stay on my record ?
if i fall behind again will they immediately evict me ?

just some general advice about the process
and what happens when i pay the arrears off

any help and i would be very grateful

BitterAndTwisted

Are you in a fixed-term tenancy or not?

Benji

A Notice to Seek Possession is usually a 'section 21 notice'.

Either:
1) Are you still in the fixed term of your tenancy; or
2) Does the notice mention Section 21(4)(a) of the 1988 Housing Act?

Assuming the answer to one of the above is 'yes' then the reason given is probably just a courtesy, no reason is needed in these cases. Therefore, clearing the debt will not automatically clear the threat of eviction. Once a section 21 notice has been issued, the only way to 'kill' it is to sign a new fixed term tenancy agreement.

With regard to your 'record' a section 21 eviction isn't like a CCJ, it doesn't stay on your record at all - however if the landlord sues you for unpaid rent than that can cause 6 years worth of problems.

http://tenancyanswers.ucoz.com/index/being_evicted/0-21

lazystakes

thanks for the info so far
i do not currently have the letter with me

but it does state some thing about "section ?? "

and update on the information

i am a council tenant of Dacorum borough council

i am in my second year of tenancy
the first being an inductionary agreement which went by with no hitches

i really am worried about being evicted as you can imagine
and although i admit i was at fault for the rent arrears
i am ready to pay in full and stay in front in future

from what i can gather from the letter is it letting me know they are going to seek a notice for possession , meaning they do not already have one

that is why i questioned that if i cleared arrears the process would be stopped , unless i fell behind again

DVardysShadow

Benji wrote: »

A Notice to Seek Possession is usually a 'section 21 notice'.

Either:
1) Are you still in the fixed term of your tenancy; or
2) Does the notice mention Section 21(4)(a) of the 1988 Housing Act?

Assuming the answer to one of the above is 'yes' then....

It could be a section 8. To give the correct advice, we need to know if it is a section 8 or a section 21.

BitterAndTwisted

Most Local Authorities are much more accommodating and understanding about rent-arrears than private landlords. You MUST contact the Housing Department first thing tomorrow morning and give them a firm plan of how you are going to clear the arrears and then stick to it. This could prevent you being evicted.

It's my understanding that Local Authorities often seek possession as a very last resort after tenants have been in arrears for a while and have ignored all previous correspondence. How long have you been in arrears?

squinty

DVardysShadow wrote: »

It could be a section 8. To give the correct advice, we need to know if it is a section 8 or a section 21.

No you don't - tenant is a secure tenant!! Different grounds and no ground 8 equivalent. This will be ground 1 (rent arrears or other breach of tenancy)

OP most councils treat the NoSP (or NiSP) as a final warning. Clear the account and there will be no further action.

If you do not rectify the breach (ie pay the debt in full) the Notice can stay in place for 12 months and the council can take action at any time during this period.

If you cannot pay the debt all at once make an agreeement and stick to it (make sure its an agreement you can afford) and consider paying by Direct Debit in the future.

Benji

lazystakes wrote: »

i am a council tenant of Dacorum borough council

i am in my second year of tenancy
the first being an inductionary agreement which went by with no hitches

Disregard my eariler advice, as it was based on the private rental market which has different laws to council housing.

Reading the other responses, it seems that talking to the council and getting these arrears cleared as soon as possible is the way forward.

BitterAndTwisted

Yes, it is. Most Housing Department people are decent and will accept a modest payment-plan of even a few additional pounds a week. As long as a sensible and affordable plan is offered and kept to you could hang on to your tenancy.

Benji

If it gives you any hope, remember...

If you were dealing with a private landlord, he would be worried about HIS money and HIS mortgage payments.

The staff at the council do not have the same pressures and can therefore often exercise more discretion.