Renting - eviction

Whitetoenails

Hi just some advice please as I don't know where I stand.

In 2011 me and my eldest child was evicted from a HA property due to rent arrears. (£1600) A lot happened but It was a hard time in my life. I was only 19.

I got in to a lot of debt moved all over the country had more children and my life swindled.

Fast forward to end of 2015 when I finally settled down, got a council property and decided to sort my finances out.

I got hold of my credit report contacted all agencies and Set up x amount of payment plans to clear my debt. I was in a good paying job so everything was cleared sept 2016.

Randomly one day just before Christmas a light bulb went off. I realised I still owed rent arrears to this HA. I contacted the HA in January 2017 to ask how much was owed. (As they had never contacted me since I moved out - they had my parents address as a forwarding address and my parents have never moved)

I got a letter back around two weeks later (1st Feb) to which I asked for a 30 day stay so I could organise my finances in order to pay them. At the time I had no outgoings over £100 (besides my monthly rent) so could afford to pay it off quickly. I replied to their letter 24th Feb with a payment plan (£500 that week and £100 a week thereafter). I heard nothing back. Late may I received a letter saying I owed the debt. To which I resent the payment plan letter (two days later) again I heard nothing back. Admittedly I didn't chase them.

Fast forward to today. I have been bidding and was allocated a property. Beautiful home perfect for me and my children. Via the council website but under this HA.

Everything is fine. I pass affordability checks, room checks etc. I go in for the precheck meeting and they bring up the arrears. To which I tell them I sent in letters offered a payment plan (everything I mentioned above basically).

I then get told I cant be offered the property because of the arrears. I offered to pay £600 on the spot (as the arrears have to be under £1000 before u can be offered a property) I was still declined. I offered to pay £1000. I was still declined.

I left - very heartbroken because had my payment plan been accepted the arrears would have been cleared by end of April meaning I would be eligible for the house.

In the HA website it says in their allocation policy that you are not automatically ineligible for the property if some payments have been made or a payment plan has been set up. Admittedly I DID NOT chase but I did try to set up a payment plan AND I even record delivered the letters So they were received.

It also says the decision would be made by the rent manager AND the letting manager. The letting manager is who denied me today. However I didn't speak to them the agent just came back and said "unfortunately no" but the rent team after speaking with x amount of advisors all said the same thing I should be eligible because I have offered to pay (and clear it quite quick) however my letters are not on file since the "30 day stay" and that is probably the issue.

I waited all day for the rent manager to call me back. They didn't.

Do I have a right to appeal this decision? If I give in a letter tomorrow can I ask for a face to face meeting within a few days so they don't put it back up for listing? The house will be up for bidding by next Wednesday and more than likely I won't get it. (I got it on a whim this time)

I've offered to pay 4 weeks rent in advance is there anything else I can offer for them to consider me for this specific property?

Had they said just clear the arrears then we can offer you the property, and I couldn't, I would understand but they just said no. :-( with no alternative but "set up a payment plan so it shows consistency". surely consistency can be showed by me turning my life around the last few years and having a (almost) clear credit score. (Waiting on a few things to drop off). Also had I not contacted them it would have gone past the 6 years so I wouldn't have had to pay anyway. They never took me to court after the eviction to clear the arrears neither did they put it on my credit file.

I really don't know what to do. Can I even do anything?

Sorry it's long.

FYI: I can more than afford the rent. I have a good job. Have had no other previous evictions or rent problems. Currently in credit by 6 weeks with the council. No other debts. Single Mom of 3.

Guest101

I'm sorry but they aren't obliged to rent to you.

In future when offering a payment plan offer a start date and start paying on that date whether they accept or not.

agrinnall

If you can more than afford the rent why not just do what most people do and rent from a private landlord, leaving the HA property to those that actually need social housing?

Whitetoenails

***Looks at the name of the forum***

Secondly, I am not "most people" I am me and everyone has different circumstances. I want to buy in around 5-10 years (maybe). I don't have a big enough deposit, me being a single mom with 3 children doesn't exactly help either. So I'm saving. Why would I go private, make someone else's house a home (which I more than likely wouldn't buy) and pay almost double in my area when I can live comfortably and save for my own property? Social housing has a certain criteria. All hose that "actually need" social housing have to fit within that criteria. Obviously I fit in that criteria other wise I wouldn't currently have a council property.

Nonetheless this is going off on a tangent as I asked for advice on this specific HA property not about renting privately.

BorisThomson

Whitetoenails wrote: »

***Looks at the name of the forum***

Secondly, I am not "most people" I am me and everyone has different circumstances. I want to buy in around 5-10 years (maybe). I don't have a big enough deposit, me being a single mom with 3 children doesn't exactly help either. So I'm saving. Why would I go private, make someone else's house a home (which I more than likely wouldn't buy) and pay almost double in my area when I can live comfortably and save for my own property? Social housing has a certain criteria. All hose that "actually need" social housing have to fit within that criteria. Obviously I fit in that criteria other wise I wouldn't currently have a council property.

Nonetheless this is going off on a tangent as I asked for advice on this specific HA property not about renting privately.

Are you not planning to make this place your home? Are you aware there are thousands of people waiting for a social housing property that cannot afford a property?

Your question has been answered. Your failure to pay your arrears means they can decline your application. They may make an exception but they are not obliged to.

Whitetoenails

Are you not planning to make this place your home?
I want to buy in around 5-10 years (maybe).
Are you aware there are thousands of people waiting for a social housing property that cannot afford a property.

Yes as I WAS one of them. As I said to previous poster. Everyone's circumstances are different. What helps Peter doesn't help Paul.

And thank you for your advice regarding final paragraph.

G_M

Despite the long post you have omitted the key information:

* how much were the arrears when you asked back in Jan 17?
* did you just 'offer' the paymenet plan, or did you actually start paying off the arrears?
* how much are the rrears now?
* how much are you earning & saving?

they wll be far more concerned with your arrears to them than with the other debts you've cleared. Indeed they are likely to be thinking "why did she pay thhe other debts off before ours? Is ths going to be how she treats rent in future - putting it at the bottom of her priorities.

Do I have a right to appeal this decision?

I don't know. Have you looked at their procedures? Is there an appeal process? If you don't know, ask them.

If I give in a letter tomorrow can I ask for a face to face meeting within a few days so they don't put it back up for listing?

Of course you can give them a letter, and of course you can ask for a meeting. I have no idea how they will respond.

I really don't know what to do. Can I even do anything?

Given your apparant income now, I too would suggest looking at the private market. And clearing any remaining debts as this wwill help with applicatons in both the public and private markets.

fairy_lights

I think you're just going to have to let this one go. If it's against their policy I doubt there's anything you can do to change their minds
Focus on paying off your debts and then maybe apply again - in the meantime at least you've got a secure roof over your head.

Cakeguts

I am not sure why you need a housing association house when you already have a council house? If you can afford to move out of social housing into the private sector you can always do that. Lots of people have to rent in the private sector because they don't qualify for social housing. That doesn't mean that they have more disposable income than you do.

bouicca21

Stay put, pay off the arrears and apply again when you are debt free. Ignore the suggestion of going into a private rental; you are lucky to have a council place and imho treating it as a stopgap while you save is a sensible strategy both for you and the council.

Moving on if you can means you will release that property for someone else in need of social housing. That's way better than staying in it for a lifetime or for long enough to get an incentive to remove it from the social housing stock. Good luck.

Geoff1963

Most organisations promise a level of customer service, except for "extra-ordinary" situations. Those who struggle, will then try to define as many situations as possible to be "extra-ordinary", in order to meet their targets more easily. That means they will try to exaggerate the slightest transgression.

P.S.. A single mother of 3 children isn't a financial catastrophe, but it can't be easy ; and you being short of money, means they will be short of opportunities. However, I hope there is a long-term plan to not remain single ; that would be selfish.