pending eviction 1st Feb, council rent arrears

[Deleted User]

Bashful Lass.., I am impressed that you are doing what many wouldn't and facing this head on. Many people make mistakes in trusting those we shouldn't because we don't have the experience to know who to trust (I know I have) and got into trouble as a result. Don't rely on a social worker for information re Housing.., they often don't have a clue (no fault to them) and have less authority. Consult Shelter, see your local authority and try and make an arrangement to pay. The LA will probably at least at first try to ask u to pay an amount u can't afford.., negotiate with them. Better yet, take the social worker with you or someone who can act as an advocate as altho he/she may not be up on Housing Law, she can at least support your income claims. BUT as said, find out from somewhere like Shelter what your legal position is asap so u are clear on your legal position before u go to the local authority. Consider getting your Councillor or MP involved., sometimes they can be quite helpful. There are two other organisations that may be able to help:

National Youth Advocacy Service: 0800 616101, email [EMAIL="help@nyas.net"]help@nyas.net[/EMAIL], www.nyas.net - Provides information, advice, advocacy and legal representation to young people up to 25 through a network of advocates through England and Wales.

Voice for the Child In Care: 0808 800 5792, www.voiceyp.org - Telephone advice, information and advocacy services for children in care. Helpline for care leavers 0808 100 324. Visiting advocacy service for children in secure units and other residential homes.

I wish you all the best.

tbs624

Good post deannatrois

OP - another possible source of help is via the Community Legal Advice helpline :- free specialist advice on housing, benefits, debt, employment etc available for those on benefits/low incomes

0845 345 4 345 Monday to Friday 9.00 am to 8.00 pm, Saturday 9.00 am to 12.30 pm
or
Text 'legalaid' and your name to 80010. ( text cost will be the standard rate for your operator).

As some of the others have suggested, start making some payment, however small, toward s those arrears. Make sure that you get receipt and keep your own clear record of how much you pay, on what date, method (cash/chq/postal order) and who you paid it to if paying in person.

Good luck OP.

BigAunty

paddygirl wrote: »

..
You may still be a priority but you could also be deemed as intentionally homeless for leaving your secure tenancy and not paying the rent for 6 months.

Leaving the property is undoubtedly a breach of the tenancy agreement, as it's supposed to be the primary residence, the main place of occupation.

One of my relatives overturned an 'intentionally homeless' judgement from the local council because she was not aware that her husband had not been paying the rent (or mortgage, can't remember if it was owned or rented). He basically was the bill payer and hid the debts from her.

http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council/what_the_council_will_check/intentional_homelessness

"If you became homeless because of rent arrears and you thought your partner was paying the rent, the council may consider your partner to be intentionally homeless, but not you. This only applies if you can show that you were unaware of the other person's actions, did not agree to their actions, or couldn't stop them."

Here the Shelter website makes clear that social services must help people leaving care until they are 21 (or 24 if they are in full time education).


http://england.shelter.org.uk/get_advice/homelessness/help_from_social_services/support_for_care_leavers

pmlindyloo

clutton wrote: »

From January, benefits for those aged less than 35 are going to change.... if OP is evicted from this tenancy, she will then only be eligible for a house benefit Shared Room Rate - ie a rate which will enable her to get a bedsit.

In my area, any one under 35 will now only qualify for £45 per week - whereas now they are getting £109 per week.. so do whatever it takes to keep this tenancy going, otherwise you will end up in a one bed bedsit somewhere not very nice.......

Clutton I do not think this will affect the OP.

Who will the changes affect?

These changes will affect you if you:

1. rent accommodation from a private landlord
2. already get Housing Benefit, or are going to make a new claim
3. are single
4. do not normally have children living with you
5. are under 35 years old
6. live in a self contained property

These changes will not affect you if you:

1. rent from a local authority or housing association.
2. are aged under 22 and have been in care.
3. live in supported housing provided by a housing association, registered charity, voluntary organisation or a county council (in England).

Hump

I wouldn't worry about the intentionally homeless bit because you will spend the next 6 weeks stopping it from getting to that point.

If you do face making a homelessness application and the council decide you are 'intentionally homeless' then you have the mountain of 'acquiescence' to clamber over - the council can assume you should have known that your partner wasn't paying the rent - it's for you to prove you didn't - it's a rare 'reverse burden of proof' case.

Consequently, in the very, very, very (and I stress very) unlikely event you find yourself homeless you must get proper representation or help in making the homelessness application.

rentergirl

As people above have said, the new rules do not apply to you. Your social worker is wrong and you are entitled to legal aid. Go to a solicitor (Arrive early at a Citizen's Advice Bureau for advice as well - get there at least at 9am) and explain to the council that you are vulnerable and just out of care. I must admit I ams lightly confused as to why you are posting here for advice, when you have internet access, and could have been checking with Shelter/CAB finding a local property solicitor.

bashful_lass

Hump wrote: »

on the 1st February if that's the possession hearing or before the 1st February if it's at the warrant stage.

You are either going to ask for any possession order to be suspended on terms OR if it's at the warrant stage you will be asking for the warrant to be suspended on terms - the terms in both cases being that you will pay your rent plus a 'bit off the arrears'. The bit needs to be affordable - so ....

As others have said you need ensure you are claiming all the benefits to which you are entitled, work out a budget

Good luck

thanks for all the replies. I feel much more hopefully.

Last week I started my HB, CT and JSA claim. I need 3 bank statements but only have 1 at the moment, which is a problem. I will speak to my bank on Monday to see if I can get them.

I will contact both CAB and Shelter also and explain my position.

I will start to pay what I can on my rent account. I am determined to clear this debt. I will also redouble my efforts to find work.

I have started to prepare a budget, income and outgoings statement..

This week, I had the shock of my life when I opened those letters. I had no idea.

Its gone to court already (13th Dec) - I didn't know. Eviction for 1st Feb. So I guess I must go down the legal route and go back to court.

Is this correct? Can I still save it?

thanks everyone xxx

Hump

If it was in court on the 13th December and there's an eviction on the 1st February it sounds as if the council were given possession straight away and probably applied for the warrant the same day (not unreasonable if you've been away for months).

It's not too late

You need to download and complete a N244 (from here http://hmctsformfinder.direct.gov.uk/HMCTS/GetForm.do?court_forms_id=484 ) and take it to the county court with proof that you are receiving JSA (the award letter dated within the past 30 days - the job centre will give you another if you need it). The JSA proof will mean the £40 fee will be waived. The Court will set a hearing so you can ask for the warrant to be suspended on terms 'rent plus a bit off the arrears'. As you are on JSA the 'bit' will likely be somewhere around £3.40+pw. Don't worry that it will take decades to clear the arrears.

This assumes the HB claim is up and running at the time of the hearing - if it's not then ask the judge to adjourn the hearing until the HB claim is sorted.

The form is relatively straightforward to complete but given that you have 6 weeks it might be worth contacting Community Legal Advice ( here http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356 ) to see if you can get an advocate/ solicitor to help you through the whole process.

boo2410

Good advice by Hump.

I am an Income Officer for an HA and some of my tenants have owed £1000's and have had the eviction stayed (put on hold) providing they pay the current rent plus some off the arrears. My advice would be for you to start paying as much as you can without overstretching yourself. It is better to agree to pay a small amount regularly each week and then pay more if you are able (even the odd £5 or £10 here or there will add up in the end).

CAB will help you with completing the necessary paperwork and are often at County Courts and can go in with you for support if you need it. If the Judge can see that you are making an effort to clear they will usually stop the eviction. Just make sure you do pay as if you don't and a further eviction is applied for they may not be so lenient.

You are doing the right thing and I am sure it will all sort itself out. At the end of day social landlords are in the business of housing people and not evicting them, and Judges normally only agree to an eviction as a last resort.

lighting_up_the_chalice

clutton wrote: »

From January, benefits for those aged less than 35 are going to change.... if OP is evicted from this tenancy, she will then only be eligible for a house benefit Shared Room Rate - ie a rate which will enable her to get a bedsit.

In my area, any one under 35 will now only qualify for £45 per week - whereas now they are getting £109 per week.. so do whatever it takes to keep this tenancy going, otherwise you will end up in a one bed bedsit somewhere not very nice.......

As the OP is already well under 25, the shared room rate rules already applied and the changes will have no effect on them for another 4-5 years.

Also, as a care leaver under the age of 22, the shared room rate will not apply and they will still be eligible for the single room rate.

However, I do agree with the advice to keep the social housing tenancy.