Council have issued a notice seeking possession

Becky9212

Just wondered if anyone could help, I have been off work sick (with doctors notes) and struggled with my rent payments ... I have now been issued with a notice seeking possession from my council (I have a secured tenancy with them) saying that they are taking me to court, I have applied for housing benefit as I did not know I could claim this and am waiting to here back what proof I need to send them ... What happens now and what happens if I get taken to court? I'm really worried as I'm 6 months pregnant and will be homeless if I do get evicted, I have no family ... I just wondered if anyone can give me some advice it's not like I meant to get the notice I didn't know I was even entitled to housing benefit until my boss asked how I was paying my rent, I have been up all night worrying as you can see its 5 to 5 an still can't sleep because of this ... Also where do I stand with repairs to my home? I have been constantly chasing the same thing for 6 months as the roof leaks and the whole of the top of the house is damp I seem to get nowehere all they do is come look say I needs scaffolding and te scaffolding never arrives?!?!

Morglin

You should speak to a housing officer - it's highly unlikely that they would evict you, under these cicrumstances, especially as you have applied for housing benefit, which may sort the arrears out anyway.

A NOSP is just the first stage of any action they may wish to take - and does not mean they can juyst throw you out.

"................Secure tenants - eviction process

If you’re secure tenancy has been ‘demoted’ (for example, because of previous anti-social behaviour) the steps may be different. Get advice about the eviction process if your secure tenancy has been demoted.
Step 1: the council sends you a ‘Notice seeking possession’


This tells you:

• the grounds (legal reasons) for your eviction – the council has to prove these in court
• the date the council will apply to the court for permission to evict you

Usually, the council has to wait at least four weeks before they can apply to the court. However, they can do so immediately if you’re responsible for:

• serious anti-social behaviour – like drug-dealing
• domestic violence

Step 2: responding to the council’s notice Don’t ignore this notice – you may be able to prevent eviction. Contact them to discuss the situation.


Step 3: getting the court’s permission to evict you
If you don’t move out or make an effort to contact the council, it can apply to the court for permission to evict you.

A hearing will be arranged and the date confirmed to you in writing. At the hearing:

• you’ll have the chance to tell your side of the story
• the court will consider the case – for example, the reason(s) for evicting you

The court can:

• issue a possession order giving the council permission to evict you
• decide evicting you is not justified – eviction proceedings will then stop
• issue a suspended or postponed possession order giving you a final chance to avoid eviction – you’ll have to agree to certain terms, if you break these you can be evicted without going back to court............"
• http://www.direct.gov.uk/en/HomeAndCommunity/Councilandhousingassociationhomes/Rentarrearsandeviction/DG_188690
• You could give SHELTER a ring, as they are usually really helpful:

http://england.shelter.org.uk/get_advice/eviction

Lin

Chrissiew

I am going through the same thing and due in court on the 23rd so understand how you feel.

I don't know which area you are, or which council or housing association you are with, but with ours, when they very first send you a letter telling you they are concerned about your arrears did they mention that if you are in difficulty to apply for housing benefit? If not then they should have done that, or is that when you first realised you could apply for HB?

Also when you got the forms for HB it should have said on the back, and on some of the questions what sort of evidence or ID you needed to provide so I don't know why you are waiting to hear from them as to what evidence you need, any way don't post anything to them, if you possibly can, take it in person to the HB office, they will then photo copy it there and then and ALWAYS get a receipt as things can sometimes "not have been received" and with a receipt you will have proof. It's very doubtful your claim will be backdated to before you filled out the form as they won't accept that you didn't realise you could claim HB as a good enough reason to backdate.

As I said, I don't know which council you are with but with our HA when it gets to this stage they start sending people round to help, they have a money advice lady (don't know her proper title) and she told us the the HB dept can make discretionary payments for a few weeks but they don't make this well known, this gets payments started sooner than the normal payments and will get your rent (or some of it) paid while they are sorting out your proper entitlement, I have heard from members of this forum that if they decide you are not entitled to HB and they have been paying a discretionary payment then you will have to pay it back, but I have not been told this by the HB dept or money advice lady. She got the forms sorted out for us and did all the ringing round, but if your HA don't provide this help then ring your HB dept and tell them how serious things are, show them your eviction notice and ask for a form to apply for discretionary payments.

The head of the HA also came to see us to explain what will happen, she said they will apply to the court for a suspended possession order and will ask for full rent plus £15 pw on top for the arrears, the judge will make the order and if it's not stuck to then they will take us back to court and more than likely the judge will then grant a full possession, unless there is very good reason that we haven't paid, its very rare to get evicted from social housing, and not a quick process BUT, if you do continually break the conditions of a suspended possession order then of course you will get evicted because they can't allow you to carry on not paying the rent, with a bit of luck though you will get your HB sorted out soon.

As for the repairs, well they should have a time limit on when they see to repairs, 6 months is way to long to have a leaking roof, you should put in a complaint straight away, being in arrears and going to court should have no bearing on this at all, I mean they can't say they won't do your repairs because you are in arrears as this will go badly against them, plus it's still their property so keeping it in good order is their duty and will cost them more in the long run if they don't get on with it.

danielanthony

You live in council accommodation and are pregnant, even if you go to court no one is going to put you on the street.

Mara69

Chrissiew wrote: »

they can't say they won't do your repairs because you are in arrears as this will go badly against them

By the same token, the OP cannot claim that she's not paid her rent due to outstanding repairs.

OP, call your housing officer. Find out how much the arrears are and advise that you have put in a claim for HB. Do be aware that the claim for HB is highly unlikely to take care of all the arrears as it is unlikely to be backdated to when you first became eligible. Ignorance of being able to claim is not a good reason to backdate. Work with your housing officer to start paying the arrears. Get rid of everything non essential such as Sky, mobiles, personal debt etc. Make paying your rent a priority. If you make an agreement stick to it. Miss a payment and you are back in trouble.

danielanthony wrote: »

You live in council accommodation and are pregnant, even if you go to court no one is going to put you on the street.

If the OP works with the council and starts paying her rent and arrears it is unlikely she will be evicted. However, if she persistently and wilfully misses payments then they can, and eventually will, evict her. She will then be deemed intentionally homeless and the council will have no further responsibility towards rehoming her. She will then need to seek a private rental. Losing a secure council home and having to rent privately would be the single most stupid thing to do.

Chrissiew

I wouldn't suggest for one minute that the op claims she has not paid the rent because of the repair problem, I don't think she has said that either. It's in the best interest of the HA to fix the repair because leaving it will make it worse and cost more to fix, plus if it's causing damp then it could lead to health problems with a baby, she needs to put in a complaint.

She will get evicted if she continually breaks the terms of a possession order set by the court, she will be intentionally homeless but won't be left on the streets, if she can't afford to rent privately, which she probably won't, then she will be put into either bed and breakfast, a hostel or temporary accommodation, none are nice to live in, she will then have to pay back all the arrears and once they are cleared she can apply for another house.

Spamfree_2

Mara69 wrote: »

Get rid of everything non essential such as Sky, mobiles, personal debt etc. Make paying your rent a priority.

Absolutely spot on, Sky etc are not essentials, a roof over your head is!

Mupette

I stupidly got into arrears a few years back (all paid up now :j)
I spoke to the rent management team who were very helpful and not 2 headed ogres.

They understood that because i was ill and not getting money to pay my rent, even on HB i still had the arrears but promptly paid £10 per week off my rent debt and it took over a year to pay back but start this process now before court as it would look good in your favour that you are trying to do something about it, even if it is £5 pw please try and pay something.

I was a single mum then, and it was a struggle to rob peter to pay paul, but priortys are council tax and rent and utilities like electric and gas.

Hopefully you can get your HB backdated to when you went off sick?

lighting_up_the_chalice

danielanthony wrote: »

You live in council accommodation and are pregnant, even if you go to court no one is going to put you on the street.

Possibly the worst advice I have seen on here.

Council tenants, including pregnant women, the disabled, young families etc, are frequently evicted from secure tenancies due to breaches such as rent arrears. Giving the impression that they will not evict a pregnant woman is both wrong and dangerous.

nicky7

They can evict you for non payment, but as you are pregnant I thought they have to rehome you again anyway as you would be homeless an expecting a child that is what I was told.

As long as you are trying to sort it out then I'm sure they will come to an arrangement to sort put arrears etc. Speak to someone at the offices they can help you.

Morlock

danielanthony wrote: »

You live in council accommodation and are pregnant, even if you go to court no one is going to put you on the street.

This is very naive of you, and terrible advice.