eviction tuesday, please help

bashful_lass

I have arrears of £1800 of rent. I have been trying to negotiate with my LL (the council) for a payment plan but they have been inflexible.

I have managed to get a job and raise £1000 from that job and family members with the balance paid on my credit card (I know its not great, but its my only option to save my flat).

Im going to the council's payment department tomorrow. On Friday, they initially said that a CC wouldnt be accept as it would take too long to clear, but later in the day they said it would be OK.

Im really worried that I will pay the arrears only to be evicted as all I have is a verbal assurance.

Can someone give me some guidance on this? What assurances should I get and from whom?

Hump

By eviction I assume you mean that the bailiffs are coming on Tuesday to repossess the property?

Are you in England/ Wales?

Are you a secure tenant or an introductory tenant? - nb introductory tenants are tenants in their first 12 months of being a social tenant

Have you applied to court on a n244 for a warrant suspension hearing?

bashful_lass

Hump wrote: »

By eviction I assume you mean that the bailiffs are coming on Tuesday to repossess the property?

Are you in England/ Wales?

Are you a secure tenant or an introductory tenant? - nb introductory tenants are tenants in their first 12 months of being a social tenant

Have you applied to court on a n244 for a warrant suspension hearing?

yes baliffs. In England.

introductory tenant. I havent applied for a N244. Is it too late?

shegirl

You can try going to court to suspend the warrant for eviction.You can even do this on the day eviction is due to take place.

It will cost you £30 (that's how much it was when I last worked anyway).

Are you a secure tenant and what was the cause of the large amount of arrears?Is it due to housing benefit mess ups or something different?

If you go into the county court and apply you will be able to fill in the reasons for the arrears on the form and you can also state there,and in the hearing,that you are able to pay off an amount of it now,that your circumstance have changed and are fully willing to set up a reasonable payment plan.

Hump

If the council are willing to put a stop to the eviction then they should notify the court of their intention, the court should confirm this to you - when you ring ask for the bailiff's office.

If you want a belt and braces approach then go to court and make a warrant suspension application on a form n244 - but before you go and spend £40 just speak to the council again and get their current position - your application should go unopposed if what they said on Friday is accurate.

As you're an Introductory Tenant you need professional help NOW if the council won't back off - hopefully though they will stick with what they have already told you.

If not then about your only defence is a proportionality defence and believe me you'll need the CAB/ Shelter/ Solicitor to wing that

bashful_lass

I got into a bad relationship. Initially, I was paying the living costs and my partner agreed to pay the rent. It was his suggestion and for the first 2 months it was fine. Then he stopped and hid it from me for several months. Only when we broke up I started to get letters.

I have applied for applied for HB but it hasnt been paid yet.

I was told by the person on the phone I spoke with at the council to come in and pay it. That was on Friday. However, several people have told me that even if I pay it how will I know the council will suspend the eviction

Bit confused now.

shegirl

bashful_lass wrote: »

I got into a bad relationship. Initially, I was paying the living costs and my partner agreed to pay the rent. It was his suggestion and for the first 2 months it was fine. Then he stopped and hid it from me for several months. Only when we broke up I started to get letters.

I have applied for applied for HB but it hasnt been paid yet.

I was told by the person on the phone I spoke with at the council to come in and pay it. That was on Friday. However, several people have told me that even if I pay it how will I know the council will suspend the eviction

Bit confused now.

Well,if you do make an application to the courts you will need to state those circumstances.

Give the council a call and ask them to clarify their position and whether they would put a stay on the eviction.If not then try court.

How long has it been since he left and how long ago did you apply for housing benefit?

Hump

The problem is that you are an Introductory Tenant - the judge has already made a possession order based on your past behaviour (even if you will say that it was a bad ex-). The possession process for ITs is fairly automatic after the internal appeal stage. Essentially the council will evict you on Tuesday unless 1. they change their mind (and Friday's conversation sounded hopeful) or 2. you get professional help tomorrow morning and lodge a proportionality defence

bashful_lass

he left in December. I made my benefit claim in December. They asked for more information 2 weeks ago and now Im waiting.

shegirl

Hump wrote: »

The problem is that you are an Introductory Tenant - the judge has already made a possession order based on your past behaviour (even if you will say that it was a bad ex-). The possession process for ITs is fairly automatic after the internal appeal stage. Essentially the council will evict you on Tuesday unless 1. they change their mind (and Friday's conversation sounded hopeful) or 2. you get professional help tomorrow morning and lodge a proportionality defence

And the big problem with that is getting legal assistance for council evictions isn't as easy as it used to be.I know a few years back it was pretty hard to find anyone to assist and take it on,especially at such short notice.

OP,do you have a Law Centre near you?They may be a good port of call in the morning should your council not agree.They do,however,sound like they may so ensure you call them first thing.Many tenants don't offer anything but a payment plan so by offering money upfront you stand more of a chance.

Also,I didn't notice OP is an introductory tenant so apologies for that.

bashful_lass

Hump wrote: »

The problem is that you are an Introductory Tenant - the judge has already made a possession order based on your past behaviour (even if you will say that it was a bad ex-). The possession process for ITs is fairly automatic after the internal appeal stage. Essentially the council will evict you on Tuesday unless 1. they change their mind (and Friday's conversation sounded hopeful) or 2. you get professional help tomorrow morning and lodge a proportionality defence

would Shelter be that professional help?