Feel like giving up. Can anyone advise?

MummyPerson

Hello,

I am currently in arrears of 2212 with my Council flat.

The arrears has built up as my ex partner moved out and refused to pay the rent despite me not being able to take him off the tenancy until the arrears was cleared (as I wouldn't be offered a new single - occupancy tenancy with that level of debt)

Anyway, basically to spite me, he has a history of controlling and abusive behavior) he hasn't paid the rent as per our possession order dating 21/6/10

Now I have received a letter saying the Council have applied for a warrant for my eviction, and I should prepare to leave.

Can anyone tell me if there is anything I can do at this stage? I have a small child and I really think he has been through enough recently :-( I don't have an income and has just applied for income support.

Will paying the full amount stop the eviction?

Will I have to live on the street with a small child if I am evicted?

I really don't know what to do and am feeling very scared and worried :-(

boo2410

Firstly you need to make an immediate application for Housing Benefit (if possible go to the office taking with you ID proof, last 2 months bank statements and proof of any income you have at present such as Child Benefit. If you have family/friends who are helping you with day to day costs whilst you are getting your Income Support claim processed then they must write a letter saying how much they are giving you/that they are buying you food). If you have no income then you will get your rent paid, and Council Tax too (are there arrears for that?).

You should also make an appointment to see your Housing Officer as soon as possible to explain your circumstances. If you clear your arrears/bring your account back in line with the original Order then it is likely that you will be able to stay in your home as Councils are in the business of housing people and not evicting them. If your Council does apply for a Bailiffs warrant then you can apply to the court for a Stay of Eviction but you will have to go to court and explain why the arrears have increased. Judges in my opinion are usually sympathetic if you do not have a long history of broken agreements.

I would also suggest that you go the the Citizens Advice Bureau as they will be able to make sure you are getting all that you are entitled to - are you getting tax credits?

With regard to taking his name off the tenancy, the Council is correct in stating that the arrears have to be cleared before any amendment can be made to the tenancy, and even then your ex partner will have to sign something to say he agrees to this. If he will not do this then you will need to go to make an application to the Court for the property to be transferred to you. Once this has been done you take the paperwork to the Council and they will act on it. The Citizens Advice Bureau should be able to give you advice on this too.

Perhaps you could ask family members to make a lump sum payment to reduce the arrears and then make an arrangement with your Housing Officer to clear them by paying, say, £10 each week without fail. Good luck and try to not worry, there is help out there but you must communicate with your Housing Officer immediately.

Hump

(Assuming you're in England) It is essential you get some support from an advice or advocacy agency such as an independent housing aid centre, Shelter or a solicitor (you could try CLA 0845 345 4 345).The following advice is no substitute for proper advice and/or representation. As boo2410 said judges are usually slightly more on your side than the Council. If you are on a low income then an advice or advocacy agency should help you make the appropriate submissions to the Court to trigger the hearing. If/ when you get to Court for the hearing there should be a free court desk service usually run by a solicitor or local advice agency who will represent you before the judge.

You haven't said when the bailiffs are due, as a general rule of thumb you can apply to the local County Court for the warrant to be suspended on terms at any stage prior to the eviction. The earlier the better. You will need form n244 and £40 unless you're in receipt of certain means tested benefits and can prove it (Courts like to see confirmation of benefit rather than confirmation that you have applied). You haven't said whether your income support has been successful, assuming it is or will be then you would normally ask for an adjournment to allow the Housing Benefit claim to be processed (it's essential the Council's HB section is aware of the Court action). Then you would ask for the judge to agree to an order along the lines of 'warrant suspended as long as you pay the full rent (with help from HB) plus a 'bit' off the arrears' - the amount of the 'bit' will depend on your circumstances but don't promise an unrealistic amount. Whilst all this is happening it's essential to show willingness by starting to pay at least a token amount each week until the judge makes a decision i.e £4ish / week if you receive income support.

Of course your Housing Officer can 'pull' the warrant at any stage - but arrears over £2k means they may not make life easy for you