Housing Association Eviction..

BristolBS2

Hi All,

Just a quick question. I'm in a really bad situation.

I have been living at my flat/bedist since August last year.. Housing benefit covers the rent, but I pay a service charge of 5 pounds per week.

I have never paid any of the service charge, (my fault I know) They said they sent me a date to go to court which I never got!

The court summoned that they have the right to evict me..

Then they left a letter in the communial area (didnt even put it through my door) to say that I had until the 20th of june to leave the property..

What are my rights? I suffer with chronic anxiety and sever depression..

I have tried to make arrangements to pay them what I owe, but I haven't had any benefits in around 2.5 months now..

Can I get it suspended?

Hump

What type of tenancy do you have? Starter Tenancy / Assured Shorthold Tenancy / Assured Tenancy

Does the letter saying you have to be out by the 20th June 2012 say 'Warrant of Eviction' (assuming you're in England) issued by the court - or is it a letter from the Housing Association headed something like Notice of Possession Proceedings (or similar)?

BristolBS2

Hump wrote: »

What type of tenancy do you have? Starter Tenancy / Assured Shorthold Tenancy / Assured Tenancy

Does the letter saying you have to be out by the 20th June 2012 say 'Warrant of Eviction' (assuming you're in England) issued by the court - or is it a letter from the Housing Association headed something like Notice of Possession Proceedings (or similar)?

Hi mate. It's a 99 year lease..
Unfortunately it was a warrant of eviction by the ballifs..

marliepanda

BristolBS2 wrote: »

Hi mate. It's a 99 year lease..
Unfortunately it was a warrant of eviction by the ballifs..

Do you own the property or rent it?

I dont think a tenant can have a 99yr lease when renting a property, and if you owned it you wouldnt get HB surely? Colour me confused.

boo2410

If you have an eviction date you must apply to the court for a stay of execution. This should obviously be done before the eviction date and when you go to court you must explain to the Judge why you haven't paid and how you intend to clear the arrears (make sure it is an amount you can afford). There is usually CAB or something similar at the court and if you arrive in plenty of time for the hearing you can talk to them and they can go into the court room with you. Be aware that if you make an agreement you must stick to it else you may find yourself homeless further down the line.

I work as an Income Officer for an HA and court/eviction is the last resort when I have tried all else to get a tenant to pay. Not only will the HA have written you numerous letters, you will have received a letter from the court advising you of the hearing date and a further letter from the court advising you of the outcome of the hearing. You should also have received letters from the HA advising you of the court date and of the outcome.

As asked previously are you an HA tenant and if so what type of tenancy do you have starter/ assured? Also what was the original court order, was it a Suspended Possession Order or Postponed Possession Order (meaning you would not lose your home provided you agreed to pay x amount each and every week to clear the arrears) or was it an Outright Order as you had not responded to anything that had been sent to you? What is your total debt to the HA?

You need to speak to your Housing Officer and explain the problems you are having as they may be able to put you in touch with people who can help you get your life back on track. We have various agencies we can refer tenants to depending on the problems they have (ie drug/ alcohol abuse or just generally unable to cope).

As marliepanda says tenants don't usually have leases for properties, unless you are buying your place from a HA and its the leasehold charge you have't paid?

It sounds like you have a problem with your post so you should also speak to the Post Office as this has caused you serious problems that could have been sorted if you had received all the letters that had been sent to you.

Good luck and let us know how you get on.

Dunroamin

It might be an idea to check this poster's other threads before spending too much time helping him.

marliepanda

Dunroamin wrote: »

It might be an idea to check this poster's other threads before spending too much time helping him.

Ahhhh he doesnt need help anyway, as he will be living at her majestys pleasure for drug dealing shortly :P dear dear me...

boo2410

Hmm, if you go down for selling drugs then you will have breached the conditions of your tenancy for sure and the HA will want you out.

BitterAndTwisted

"Gold Membership" of the BNP and a drug-dealer as well. Nice.

jamespir

you can apply for a stay of execution of the warrant to evict

plzhelpmesave!

Savvy Sue, just sent you a PM - asking for your advice & help pls!! many thanks