Possession Notice received on a Local Authority Tenancy

[Deleted User]

As said, need to get what paperwork together you can and get both family members to the CAB.., or phone Shelter for advice. These are the best people to ask about available options and whether its worth paying off the arrears in the hope of suspending the possession order. Is there a chance of other issues affecting the tenancy.., like complaints?

Could the son take responsibility for the finances? Is he willing to do that? If there are mental health problems, someone could possibly become appointee for the family.

Is the son involved in supported employment? I'm wondering if there is anyone professional involved in helping the family if there is mental illness involved. If one or other of the family is 'vulnerable' it might be worth contacting the council and trying to get a vulnerable adult assessment.

I'm afraid downsizing can take time.., there's a big demand on smaller places.., more than is available.., but it could help the situation.

If the family is getting HB, it should be paid directly to the council, so it would have taken some time to amass the arrears necessary to be evicted.

I have just moved from private rental into emergency accommodation.., breathed a sigh of relief because I didn't have to top up the rent by £150 a month, but by the time my paperwork was all received discovered I was £130 in arrears as there was a housing benefit overpayment I didn't know about I'd accrewed payments from for a month, plus my older son in receipt of ESA meant I still had to pay some of the rent. It took some sacrifice to pay that off (which I did, I had just moved so finances were still strained at the time), but I can understand some people burying their head in the sand while the debt just gets larger and larger.

Marktheshark

She can file an appeal at the local magistrates court, the staff will help with the correct form, you may have to ask for the manager to remind them that is what they are getting paid to sit behind the help desk and do.

The eviction will be halted until the appeal, where if they have put one foot wrong or not served correct papers it gets overturned and they have to start again.
I have never seen a local council eviction where they have got anything right.

AnotherJoe

Its difficult. I know someone with metal health issues, didnt pay rent for best part ofa year, essentially buried her head in sand until evicted, rehoused by council buried head in sand again (no rent payments again), evicted again. Now in another place, no idea how thats working out . If she didn't have a kid she'd probably be living under a viaduct.

Essentially she is not competent to manage her own affairs but due to changes over the last 30 or so years there is no way for someone else to take charge so she just sinks.

Mrs_Optimist

Thank you so much to everyone who has posted.

I am at a loss to know where the hell to start. Regards the council tax arrears she has been summonsed to appear at the crown and magistrates court, I imagine after that will be the crux. I can pay that off so it will alleviate some of the pressure.

Regards the warrant for eviction, since she has thrown all the paperwork away I have no clue how much is outstanding and how long it has been going on. She is in receipt of hb so the arrears seem to have built up because her son works. He has been paying her for the arrears but she has been blowing it on alcohol.

She is behind with water and tv licence and had been taken to court, but again I don't know how much is due because she has binned the letters.

So, so frustrating. I want her son, who is a young adult and has his own issues because of mothers lifestyle, to leave her to it and sort himself out. They simply cannot continue to live together.

So plan of action is

1. Pay off council tax arrears.
2 speak to housing officer at council, explain what's going on and hopefully find a way forward out of this mess.

Does this sound sensible .?

Mrs_Optimist

I should add that her mental health issues are around her dependancy on alcohol to deal with depression. She drinks excessively, every day.

Her son has had so much stress in his life because of his upbringing he now smokes weed every day just to try and relax. They worry about each other so self medicate themselves to deal with the stress.

As far as I know there have been no complaints about them that may affect the tenancy.

This isn't the first time I have helped her, although I have never bailed her out, just given her practical advice about budgeting and prioritising bills. She is more grounded when she is working but lost her job and has struggled to find employment ever since, particularly a job that will cover her rent and other bills.

elsien

On the basis of people taking responsibility for themselves, is paying the council tax arrears going to be helpful in the long run? Because all you're doing is enabling them to carry on spending it on alcohol with few consequences. I think I'd be looking to sort out a repayment plan from benefits, and if they have to go to court to do that so be it.
The water company will have a dept for people in difficulty. Even if they've had letters about court proceedings, the water companies tend to do that when people aren't responding to them. If they make contact, with your help, there may well still be time to set up up a plan and avoid court.
Has your relative had any involvement with social services? In my area the social worker can help to set up an appointeeship for benefits and bills for people who need support. Might be worth looking into.

mimi1234

Hi,

I've kind of skimmed through the thread quickly so may have missed a few things.

It won't be the Housing Officer. Once it gets to this stage, it will be the rent assist / retrieval team. They normally send the eviction letters out and they are the ones who have to take it to court. Speak to the Housing Officer and get the number for the rent assist team. They will have indexed a copy of every letter sent out to your cousin. You would normally have to speak to the rent assist team manager. I think the ball lies in his/her court as to whether they will get another tenancy.

Is this your cousin's first tenancy? How long has she been there? Is she an introductory tenant (first year) or is she secure?

Does your cousin have any illnesses? Can he/she read? If she never responded to the letters because she can't read, then it's not their fault is it? However, when rent starts building up, the rent assist team would send letters, text her, call her, and go knocking on her door.

I know you have mentioned alcohol, does she engage with any services and can they support her case? Can they write a letter for her to say how chaotic her lifestyle is?

I think "they" will do everything to help her remain there. If she did become homeless, she would have to present to her local authority. Her alcohol issues and her mental health, if severe enough, would give her priority for re-housing and they would have to put her in emergency accommodation again and go through the whole process which means the local authority would spend a lot more money.

If they let your cousin stay where she is, ask for some kind of tenancy support because of her illness/addiction. Also, they now do a scheme (for some people who have problems with financing) where the housing benefit goes straight from their bank / post office account to the the local authority so arrears cannot build up. Have a look into that also.

Good luck.

Mrs_Optimist

My relative has been a council tenant for 18 years so it is a secure tenancy.

She sought assistance from her gp a few years ago about her alcohol dependency so it is on her records. She has suffered a lot of trauma in her life, from witnessing a close relative drop dead in front of her, to witnessing a baby being fallen on, and killed. I can understand her issues but her way of dealing with them isn't helping.

She is locked in a cycle and so, now is her son. My main priority is keeping a secure roof over her head, whether it is where she is living now, or somewhere else. Being homeless will introduce her to a lifestyle even more chaotic and dangerous than she already has.

If I can find someone, anyone from the council that I can work with to help her to help herself, then that would be great.