Possession Notice received on a Local Authority Tenancy

Mrs_Optimist

(( sigh )) not a saint, but it's family - what can I do..?

Would rather try and resolve whilst the tenancy is still in place, albeit hanging by a thread, as once eviction takes place the problem becomes a whole lot harder to deal with.

Would be interested in feedback regarding the time elapsed between the order being granted (21 march) and actually received (9 april) though as that doesn't seem right ?

theartfullodger

Mrs_Optimist wrote: »

........ His mother may be able to downsize, depending on what the council say. I have asked her to make an appointment with them so I can accompany her and try and resolve this mess. One things for sure, they cant live together any longer.....

You are a saint: Hopefully your trust will not be misplaced.

Usually such downsizing is not permitted if there are rent or council tax issues (sometimes they are). However sometimes there are incentives to downsize so that might help matters - e.g.
http://www.slough.gov.uk/housing/money-to-move.aspx

Are you under-occupying your home?

The “limited time only” offer on the Money to Move (TIS) scheme expired at the end of September 2015. Eligible council tenants who applied to downsize after the end of September will be paid £1,000 per bedroom released. Further information listed below:

* there is no age restriction – this means that any Slough Borough Council secure tenant who has one spare bedroom will be able to apply
* eligible tenants will be given the opportunity to downsize by one bedroom or more, whatever size property they are living in
* tenants in rent arrears will be considered if the TIS payment will clear the arrears
the options to help tenants with removals will remain for tenants with identified vulnerability

Who is eligible?

* All secure council tenants who are able to downsize by at least one bedroom.
* Tenants who are able to give us vacant possession on their existing home.
* Tenants with rent arrears which will be cleared with the payment due to them...

Check local council website before talking to them!

Bless you

Artful (confirmed Atheist)

Cakeguts

I don't want to worry you but if the council have got possession of the property that can't be overturned because technically the tenancy has ended so paying off the arrears may not make any difference. It all depends on how far the council have got with their efforts to evict. You will need to see ALL the paperwork so far to see where the council have got to. If the tenancy has already ended the only way she can stay in a council property is to be granted a new tenancy.

theartfullodger

Cakeguts wrote: »

I don't want to worry you but if the council have got possession of the property that can't be overturned because technically the tenancy has ended so paying off the arrears may not make any difference. ....

Untrue: (Or, if Cakeguts can show where the law says it is true I'll gladly donate £10 to an agreed housing charity - i.e. a charity both cake & I are both happy with...)

Mrs_Optimist

She has thrown away all the paperwork, she only has the warrant to evict.

If the tenancy has ended then I won't have any incentive to pay the arrears so the council won't be any better off.

Bloody family .!

pmlindyloo

This link may be helpful.

http://haringeyhousingaction.org.uk/taking-action-together/resisting-eviction/

Please get your family member to seek some advice from CAB or Shelter asap.

marksoton

All other things aside this woman needs some sort of reality check ( some call it tough love)

Whilst your intentions are more than laudable let her be in no doubt the c@ap she alone has created.

Best of luck.

pmlindyloo

If your family member has mental health issues which are documented in some way then there may be a chance that she could apply for a Discretionary Housing Payment from the council to cover the rent arrears.

Councils have wide ranging powers to award DHPs but it may be that this would only be awarded in extreme cases (which your family member may meet)

Just something to consider when speaking to CAB.

dancingfairy

It's never too late. Somebody needs to get a grip of the situation. Can your relative afford the rent going forward? Can they afford to start repaying the arrears( even if it's a small amount per week)?
Secondly I'm not sure council tax debt is as much of a priority as you think it is. I imagine it's a liability order from the council and it's nowhere near comittal stage yet. I'm wondering whether it's best letting it go to the court for liability order then getting the to attach the benefits ( ie deduct a small sum weekly from.her benefits)?
It's great you're trying to help but what if you pay off the rent arrears and council tax arrears? Can your relative turn things around or is it better for you to try and help them to help themselves?
I don't know, it's very tough.
In terms of the housing issue phone shelter but I'm sure if rent is being paid regularly and there is a plan in place to tackle the arrears then the council should be receptive ( you would probably need to go to court to suspend the eviction order though).
Regards
Df

Cakeguts

theartfullodger wrote: »

Untrue: (Or, if Cakeguts can show where the law says it is true I'll gladly donate £10 to an agreed housing charity - i.e. a charity both cake & I are both happy with...)

It was probably a case reported in a property magazine law reports some years ago. I can't remember it exactly but it was something to do with arrears and a council house where the council had been granted possession by the court and so the judge decided that even though the arrears had been paid off the council still got possession because the tenancy had ended at the point where possession was granted.