Help regarding a rent debt

MoonRose77

This is for my neighbour - so all I know is what I post that she has told me.

Her partner owes the council £2,000 in rent arrears (which have come from a former landlord claiming housing benefit after he had moved out - he didn't inform the council that he had left the property nor dhss)

The council have issued an eviction notice on her and partner -to be out last friday - but if they paid £100 on friday (which they did via her FIL), £37 to see an emergency judge and then another £200 on monday they will leave the eviction for now.
If they want the amount reducing they (or rather she does) have to apply to the court to get the amount reduced.

As she was saying it to me all the emphasis has been placed on to her by the council to repay this amount back to them - and they have told her that if she kicks her partner out then she can keep the house.

All they get coming in is benefits and there is no way they can afford to pay the amounts the council want.

Is there any advice you can give me to pass on to her - like how to get the payments down - does she really need to go to court for that? - and the main one that is confusing me is - how can the council persue her for a debt that is not in her name?

Thanks in advance.

beanielou

Best go to her local CAB/ housing advice centre ASAP

Leixlip1

I used to take cases to court for a local authority and until recently was an area housing manager so a few questions;
Is this a council property?
Who's name is the tenancy in?
Have the council obtained a court order or have they served a Notice of Intent To Seek Possession?
Is Housing Benefit being claimed?

Given the amout of arrears you state are outstanding I'm supised that the council hasn't acted sooner (assuming it's a council tenancy) and yes the onus is on the tenant to appeal to the courts to stop an eviction / vary the Court Order to an amount they can reasonably afford. The Judge may only suspend the eviction for say 3 months to allow the tenant to show they are willing to make payments i.e. any default in that period and they would be unlikely to win another appeal.

If you can give me more info I will try and give more specific advice.

BAILIFFCHASER

the judge can give the council a suspended posession order. if you fail to make payments then the council will again take you to court and you will have to explain to the judge why you could not keep up with the payments. Again if the judge thinks you are doing all you can he can suspend on terms etc.

Tori_Bellatrix

BAILIFFCHASER wrote: »

the judge can give the council a suspended posession order. if you fail to make payments then the council will again take you to court and you will have to explain to the judge why you could not keep up with the payments. Again if the judge thinks you are doing all you can he can suspend on terms etc.

That's assuming the court hasn't already issued a Notice of Suspended Possession Order

MoonRose77

As far as I am aware - according to my neighbour - she recieved an eviction notice on Thursday stating that she had to be out by the Friday unless she paid the initial £100.

I have also learnt since that her partner was living in private accomodation and the money was being paid to his former landlord - she was not there at the time.

They currently recieve full housing benefit for this property and he is the one claiming the jsa so recieving the hb for this house. I think the current place is in her name.

She has had to see a judge already who told her to pay the amounts currently being asked and if she wants the payments reduced has to go back to court about it.

Thank you for your replies so far.

Leixlip1

Sorry Tori B but the Court doesn't issue NOSP's the council does - this gives 28 days after which time the council can apply for a court hearing for eviction.
MoonRose 77 it sounds as if your friend isn't th etenant of the property her partner is - if full Hsng Benefit is being paid then something should be paid off the debt.Italso sounds as if the council do not yet have a court order so as and when a hearing date is received your friend should contact the council/attend court.
It also sounds as if the tenant has left the property and she may have no right to be there. Again she should talk to the council/SHELTER/CAB etc
Is the legal action taken/being taken for recovery of HB for a private rented accommodation i.e. where her ex is living now?
Questions, questions I'm afraid.

MoonRose77

No problem Leix - I will provide all the details I can - and am passing all the advice on to her so that she knows what to do - you have been very helpful.

I will ask her those questions and get back to you as I am not sure of the answers myself.

Tori_Bellatrix

Leixlip1 wrote: »

Sorry Tori B but the Court doesn't issue NOSP's the council does - this gives 28 days after which time the council can apply for a court hearing for eviction.

Ok, so the Council issue the NoSP - But it would be the court who grant a suspended possession order -and may have done so previously. That was the point I (think) I was trying to make ... but didn't do very well ... A council wouldn't be able to issue an eviction notice without it would they?

jamesd

Has anything been done to recover the housing benefit fraudulently obtained by the former landlord?