Being Evicted, Court Costs

theartfullodger

deannatrois wrote: »

Council said I'd only got D band because we are presently in a three bed, so sufficiently housed. When I get a possession order, I'd only get a C band. ...............

They are fobbing off with the "going on the waiting list" route: You will also be able to "present as homeless" with possession order in your hand, but with the risks that application brings also (eg private let offer).

[Deleted User]

VERY glad I posted on here. The answers made me think, which was very good.

Looked on my local councils website.., and hidden away were policy documents, had to search for housing and found a full Housing Allocations Policy document.., containing things not mentioned on the Housing part of their website.

In spite of what I was told at my last meeting with housing (I was told Housing did not give medical/health needs any extra priority except when they affected mobility type things)., they do have to allocate bandings according to medical need if one is found to exist.

I have diabetes (background dose increased to levels I've never had to increase it before, not eating more), back problems, arthritis, had one heart attack a couple of years ago (blood pressure medication doubled recently), had to go to GP twice in last three weeks cause I was suicidal. Finally accepted antidepressants. Then there's my son whose going into meltdown on a daily basis.

Hmmm.

Why am I so suprised that what I was told is different to the policy document I've seen? I really shouldn't be.

I did fill in my housing application online, with some idiot who was supposed to be helping me (Housing advice guy working for social services) telling me what to do. Looks like that help was a beneficial as the rest of his help. If I had mentioned on there ALL the needs.., I might have been reassessed successfully.

Oh well, will be asking some questions now. With the Policy document in hand. Lets hope its some help.

Sorry if I sound angry, I guess I am. I will be calmed down by tomorrow.

tealady

Hi
If you feel that the staff at your local council have been unhelpful might be worth having a chat with your local Councillor or failing that a letter to whichever Councillor chairs the Housing Committee.
HTH

[Deleted User]

I've written a letter stating that I've been given misinformation by housing and my request for a reassessment wasn't handled properly. Asked for another reassessment (if they need it, they are supposed to ask you for a letter from your GP to prove what you are saying). But I will take the letter and get the charity Housing Advice person to look at it, see if it presents the case clearly (I also went into details as to how the housing situation has affected my health).

We'll see.

I can't think how many people try and get information from the council website and get floundered by things they didn't even know existed like I was. I will be reading the policy document thoroughly.

I hope someone else in the same situation reads this.

[Deleted User]

Sorry to ask but does anyone know.., as I was only served proscribed information four years ago with the original TA.., will that make the S21 invalid? I've signed two other TA's since then. The deposit was never returned, no other proscribed information given.

However, the deposit is protected, I've checked.

charliewocka

OP, I'm going through trying to get my brother rehoused (he's 25 and has Aspergers). He was allocated a band C but he attended the meeting on his own. I requested a meeting to discuss this as I didn't understand the banding and after this we should be going up to band B due to medical reasons (we provided letter from his autism worker and the GP). Perhaps ask your local adult autism coordinator (or equivalent) to assist as it is crucial that they are supported through this transition too.


We've been told that my brother is unlikely to get social housing due to the low stock available in our area (none currently available) but he might be eligible for a discretionary allowance to allow him to be renting a one bedroom rather than the house share allowance (due to his Aspergers). Still, that leaves him about £300 short for one bedroom rentals in this area so not sure what we are going to do

silvercar

deannatrois wrote: »

Sorry to ask but does anyone know.., as I was only served proscribed information four years ago with the original TA.., will that make the S21 invalid? I've signed two other TA's since then. The deposit was never returned, no other proscribed information given.

However, the deposit is protected, I've checked.

AIUI no requirement to keep serving the proscribed info, once you have it you have it. You may have new TAs but it is the original deposit that is continually protected. As long as the deposit is protected and you have been given the proscribed information, everything seems in order.

silvercar

deannatrois wrote: »

I've written a letter stating that I've been given misinformation by housing and my request for a reassessment wasn't handled properly. Asked for another reassessment (if they need it, they are supposed to ask you for a letter from your GP to prove what you are saying). But I will take the letter and get the charity Housing Advice person to look at it, see if it presents the case clearly (I also went into details as to how the housing situation has affected my health).

We'll see.

I can't think how many people try and get information from the council website and get floundered by things they didn't even know existed like I was. I will be reading the policy document thoroughly.

I hope someone else in the same situation reads this.

It seems you are saying that you haven't been assisted by housing as much as you should have been. That may be the case but it won't help a S21 hearing, that is all about the correct process to evict.

HappyMJ

mrginge wrote: »

yes i second this advice. It's always a good idea to get into arrears and destroy your credit with a CCJ when you're hoping to persuade future landlords to let their property to you.

:doh:

It's advice should the OP wish to take it. It's the advice my OH was given by the council's housing team. They also advised to stay in the property until the bailiffs were at the door. The council offered a temporary property in Birmingham (30 miles away) which to take would have cost a fortune in moving and storage costs so the offer was declined and there would still be no permanent housing offer made in the local area. The council just aren't helpful at all you need to jump through hoops to get a property.

deannatrois wrote: »

I will always do my best to avoid not paying rent, its been a struggle but I've not eaten (and am a diabetic) rather than not pay rent already. I hate debt of any kind.

Is it better to not eat and pay rent or eat...I'd eat first then pay rent. My own health comes first.

franklee wrote: »

As far as I know it only gets listed for a hearing if the tenant puts in a defence, asks for more time pleading exceptional hardship or there are other complications. If all is straightforward, no defence and and the landlord's paperwork is in order, deposit protected, proof of serving prescribed information etc. then it'll just be an administrative thing for the courts. The costs will be awarded against you automatically. You should know what they are as they will be on the claim form.

IIRC if it goes as far as bailiffs you can be liable for that cost as well.

You really need to be saving like mad difficult as that is.

I can't see there are any easy solutions for you but if your current area is too expensive then maybe moving to a new area is the better thing. At least you will be able to get your younger son settled into a new school while he's still young and not facing exams etc.

Let us know how you get on.

Saving like mad is the best way out of this. Save all the housing benefit payments and the OP can pay the deposit and the first months rent on a new property without having to be at the mercy of council who may rehouse the family out of the area in an inappropriate property. If they're not saving the HB payments and using that to continue paying rent then they may not have enough to pay a deposit and landlords won't consider letting a property to the OP anyway. The CCJ will be awarded after the OP has a new property so that won't be seen by a new landlord. The OP can then clear the CCJ over the next few years and future LL's won't be so bothered with a satisfied CCJ.

silvercar

HappyMJ wrote: »

Saving like mad is the best way out of this. Save all the housing benefit payments and the OP can pay the deposit and the first months rent on a new property without having to be at the mercy of council who may rehouse the family out of the area in an inappropriate property. If they're not saving the HB payments and using that to continue paying rent then they may not have enough to pay a deposit and landlords won't consider letting a property to the OP anyway. The CCJ will be awarded after the OP has a new property so that won't be seen by a new landlord. The OP can then clear the CCJ over the next few years and future LL's won't be so bothered with a satisfied CCJ.

Very contradictory advice.

If " landlords won't consider letting a property to the OP anyway" there is no point, "Save all the housing benefit payments and the OP can pay the deposit and the first months rent on a new property without having to be at the mercy of council..."

"The OP can then clear the CCJ over the next few years and future LL's won't be so bothered with a satisfied CCJ." I suspect a potential landlord would be very bothered by a CCJ from rent arrears.

Add to that rent arrears will be an excuse for the council to classify as intentionally homeless and you have a council who won't help and landlords who won't consider.

Far better to show a private landlord that you have managed to pay the rent always, preferable to get social housing to avoid having to move home in the future.