council seeking possession

gia1

My local council are taking me to court to seek possession of my flat because i am in arrearrs, I am getting a loan to pay it off, when I do can they still take the flat off me?,

bengalknights

If you pay it off before they get possesion then usually they will just cancel the proceedings but will charge you the cost of court etc.

mickey54

gia1 wrote: »

My local council are taking me to court to seek possession of my flat because i am in arrearrs, I am getting a loan to pay it off, when I do can they still take the flat off me?,

Depends if you have been through the procedure before - they can take joint action, which means, even if you clear arrears, they can still request a re-possession order/decree.

gia1

Hi,

Thanks for the reply,

I have not been through this before.

squinty

Gia,

1. What type of tenancy do you have? - most Council Tenancies are Secure, but you could have an introdcutory tenancy (if you are a new tenant), or a non-secure tenancy (if rehousied as someone who was homless)

2. What stage is this at? Do you have a court date, or just a Notice of Seeking Possession?

Mickey

What do you mean by 'joint action'? If this is a secure tenancy only Ground 1 can apply for rent arrears

mickey54

Mickey

What do you mean by 'joint action'? If this is a secure tenancy only Ground 1 can apply for rent arrears[/QUOTE]

Yes - Agree Ground 1 for rent arrears - but also any other part of tenancy agreement. If tenant continues to accrue rent arrears after 1st court calling - and then dismissed, then - if the same thing happens again - they are not keeping to the terms of the agreement - and court action can be raised as a joint action. Which means that even if s/he clears arrears - then because of the conduction of account - then a re-possession can be granted - even if arrears are cleared. You go for collection of outstanding debt - and also heritable property.

squinty

Mickey,

Thanks for that, I'm not sure you are right though. I've never heard that argument used for a secure tenancy.

If rent arrears are the only issue the only option for the Council would be to seek possession under ground 1. This is a discretionary ground, and I cannot see how a court can make an order for arrears that have been cleared. In effect, the council has started proceedings because a tenant has breahed the tenancy, by clearing the arrears the tenant has rectified the breach. This differs from a AST which has ground 11 for persistant delay in paying rent.

Do you have any legislation / case law you can point me to?

gia1

@Squinty, I am neither a new tenant or have been rehoused and my court date is in September.

ikati5

I have been through this and if you pay all of the arrears, you may still have to attend court but the case will be withdrawn. If you cannot pay the arrears but are seen to be making an effort to clear them, the council will ask the court to apply possession order with terms. They will then tell you how much you have to pay each week off the arrears as well as your rent in full. This will stay in force for 12 months so if you fall into arrears again you will go straight back to court without them having to serve papers etc.
http://www.shelter.org.uk/ Give these people a call, they will advise you and usually one of their representatives attend court and will go in with you. They are good guys! Most councils have a housing adviser from citizens advice attend their offices once a week, they will help you make an agreement to pay off the arrears if you can see them.

squinty

Gia

Ok - You are probably a secure tenant then. The council will be taking action under ground 1 "The tenant is in arrears with payment of rent or has breached an obligation of the tenancy" - this is a discretionary ground and the court must be satisfied that it is reasonable to make an order.

I'll try to explain the next steps.

What you need to do is to speak to your housing officer and make an agreeement to pay. You must make payments each and every week as you have agreed. This is your first priority for payment. - You need to demonstrate to the council, and to the court that you are attempting to put this right.

Ask the housing officer what they will want at court. If this is the first time you have been taken to court they may be happy to get an order that is suspended or postponed - on the condition that you pay your current weekly rent plus an amount off your arrears.

You may be able to agree this before going to court. However, it is unlikley that the Housing Officer will withdraw their case - this is because that have already paid the court costs, and to be blunt, they currently have no reason to believe that you will stick to an agreeement. They will ask the court to award costs against you.

When it comes to court it is important that you attend. Ikati is right that CAB may be able to help, or there may be another agency such as a housing aid centre. In some areas the advice agencies will have a representative in court on "arrears days". If you can't get anyone else, take a friend.

During the heariing if you have come to an agreement beforehand it should be a formality. If you have not come to an agreement the judge may impose one. You will have recieved papers form the court asking about your financial circumstances - its importants that you provide this.

If the council do get an order that is either suspended or postponed the judge may ask you to go back again in 8 or 12 weeks to check you are keeping to the agreement. This may happen several times.


Hope this is of use.

Other advice -

When you contact the Housing Officer to make an offer be realistic. Don't offer amounts that you cannot afford - it is better to pay £10 per week than offering £20 and missing some.

Check your entitlements to benefits.

In most cases the council do not want to evict people - once a tenant is evicted they will probably lose the rent owed - contact them early and be polite.

Back to your original post - think twice about getting a loan. You will pay interest on a loan, but the council will not charge you interest on your rent arrears.

A week or so before you go to Court the Council should provide you with an up to date rent balance (or statement) if you disagree with anything, or are waiting for housing benefit let them know ASAP and do not wait for court.

If you do come to an agreeement with the council ask them to put this in writing. Or you confirm it in writing to them. Keep copies of everything.

Sorry for the length of the post, but I hope this is of use.

[Deleted User]

I hope the loan is through a bank etc rather than a more high interest route. Please consider the options mentioned above where u can agree to make regular weekly/monthly payments. Hopefully this will be more affordable as it won't include interest.