Section 8 Court Order Rent Arrears

moromir

You haven't answered any of the questions raised about the source of the "damp"... which is often actually as a result of condensation caused by living conditions (i.e. the water that you as a tenant are putting in to the atmosphere).

Are you ensuring that:
You arn't drying washing indoors
You are opening windows and using extractor fans during AND after showering and cooking?
Airing the property daily - that is leaving windows open for a good hour or so in the morning/more often as practical

You won't get anywhere claiming disrepair for something you have caused.

patrick.madden

Hello yes all washing is dried outside as we have garden and spin dyer is in the shed at bottom of garden.Yes we also air the house daily and back door is always open ventilating the house as we have a dog that goes in and out.It was after we moved in that we noticed it and when we mentioned it to the father of the LL who sold the house to his daughter was aware it had damp in the rooms in question so i was not down to us and i have a a few emails to her regarding this also.I have sent a few letters to them and the court now to try and come to an arrangement and when i logged into the court portal today the LL has put a response to a letter and i thing it is being posted out to me so fingers crossed.

patrick.madden

Sorry i know to come back to this again but with the forms the court sent me was a sheet that said notes for defendants.It says the judge may make an order for posswssion but suspend it.This means that you will not have to give up possession as long as you can pay off any arrears in a reasonable time(states judge will decide how long)and pay the instalments as well.Is this also correct

G_M

patrick.madden wrote: »

Sorry i know to come back to this again but with the forms the court sent me was a sheet that said notes for defendants.It says the judge may make an order for posswssion but suspend it.This means that you will not have to give up possession as long as you can pay off any arrears in a reasonable time(states judge will decide how long)and pay the instalments as well.Is this also correct

See jamie11's post 18

patrick.madden

i know about the 14 and 42 but that was not my question is was the forms the court sent me was a sheet that said notes for defendants.It says the judge may make an order for possession but suspend it.This means that you will not have to give up possession as long as you can pay off any arrears in a reasonable time(states judge will decide how long)and pay the installments as well.meaning we could remain in the house

Mr_Pitiful

patrick.madden wrote: »

i know about the 14 and 42 but that was not my question is was the forms the court sent me was a sheet that said notes for defendants.It says the judge may make an order for possession but suspend it.This means that you will not have to give up possession as long as you can pay off any arrears in a reasonable time(states judge will decide how long)and pay the installments as well.meaning we could remain in the house

An SPO can't be made if a mandatory ground has been proven.

patrick.madden

hello i have taken the advice of you all
contacted shelter today got some great advice and they got a housing organisation phoning me at 3pm
Also went to CAB
Got an appointment with housing for homeless application as i qualify.

Thanks everyone

lighting_up_the_chalice

patrick.madden wrote: »

Got an appointment with housing for homeless application as i qualify.

Just for the sake of clarity, you qualify for the application, which is very different from them accepting a homeless duty. The reason you qualify is because you pass the first 3 hurdles. Namely, you are "eligible", "homeless" (or threatened with homelessness) and "in priority need".

The next hurdle, "not intentionaly homeless", may be more of a struggle for you. I wouldn't pin all your hopes on a homeless application.

dancingfairy

Can you get a loan? cheap credit cards?
overtime?
anything you can sell?
anything you can cancel- sky tv etc?
downgrade on the grocery challenge?
if you have a car can you get it sorned and take public transport and save money that way?
Also it may help to think about why this situation has occurred- normlly rent comes above everything else, if you lost your job you should have sought help with your debts and stopped paying everything else apart from the essentials,you also should have immeadiately signed on for benefits etc.
Obviously your best bet in court sends to me like you should explain the arrears - family ilness/loss of work? and present a schedule of how you will get back on track. I'm not an expert so you should take direction from Shelter.
Best of Luck
df

patrick.madden

Yes i have taken advice from shelter and other agency's also i have a solicitor who is taken on my case today as i have qualified for legal aid.and have been told by them we have a ground to challenge the section 8 and it is a strong one and cannot go into detail on here.