Out right possession order

fez00

Received a letter today from the council with regards to being evicted for rent arrears in 3 weeks time

What options do I have to prevent the eviction

Really would appreciate anybody help

Cakeguts

This isn't the first letter you have had about the arrears is it? Why didn't you make an arrangement to pay the arrears when you got the first letter about them?

fez00

No it’s not the first letter Contacted they to try and pay weekly but money was tight and was struggling to pay rent

If I was to pay the full balance including court costs would this stop the eviction

Cakeguts

fez00 wrote: »

No it’s not the first letter Contacted they to try and pay weekly but money was tight and was struggling to pay rent

If I was to pay the full balance including court costs would this stop the eviction

It will depend on how far through the eviction process they have got. The only way to find out is to ask them. However rent is the most important bill you have so you should have been paying that before you bought or paid for anything else. You will have to see what they want to do.

silvercar

What notice is it? If it is a section 21 then you can stop it by reducing the arrears to less than 2 months. (2 months = 1 month arrears and 1 months rent on the day it is due)

theartfullodger

Pay off arrears in full tomorrow then ask if they will let you stay on a downgraded tenancy with fewer rights.

AdrianC

silvercar wrote: »

What notice is it? If it is a section 21 then you can stop it by reducing the arrears to less than 2 months.

Section 8 ground 8 requires two months debt, and is mandatory - the court have to grant the possession order.
S8 ground 10 is <2mo, ground 11 is "repeatedly late" - both of which the court can choose to uphold or not.



S21 is "no fault".

csgohan4

in terms of moving forward, consult Shelter/ Citizens advice bureaux on help with future and present accommodation and Stepchange for help with debt


The debt free wannabbe forums are also worth a shout on here

theartfullodger

AdrianC wrote: »

Section 8 ground 8 requires two months debt, and is mandatory - the court have to grant the possession order.
S8 ground 10 is <2mo, ground 11 is "repeatedly late" - both of which the court can choose to uphold or not.



S21 is "no fault".

Council tenancies are almost certainly not ASTs or AT so those precise grounds don't apply. No s21 at all. Much more likely to be under HA 1985 under which G8 is

The property was made available during works to former accommodation

see.....
http://england.shelter.org.uk/legal/security_of_tenure/secure_tenancies/ending_a_secure_tenancy/grounds_for_possession_secure_tenancies

Pixie5740

silvercar wrote: »

What notice is it? If it is a section 21 then you can stop it by reducing the arrears to less than 2 months. (2 months = 1 month arrears and 1 months rent on the day it is due)

AdrianC wrote: »

Section 8 ground 8 requires two months debt, and is mandatory - the court have to grant the possession order.
S8 ground 10 is <2mo, ground 11 is "repeatedly late" - both of which the court can choose to uphold or not.



S21 is "no fault".

It's a council property and as an "outright possession order" has been granted the OP won't have an AST so neither a Section 21 nor a Section 8 would be appropriate.

Pixie5740

fez00 wrote: »

Received a letter today from the council with regards to being evicted for rent arrears in 3 weeks time

What options do I have to prevent the eviction

Really would appreciate anybody help

OP, if an outright possession order has been granted it means this has already gone to court. Did you receive court papers? Did you put in a defense?

When the council applied to the court for a possession order there were 4 possible outcomes:

The court can:

1) make an outright possession order - a court order that sets a date for you to leave
2) make a suspended possession order - a court order that allows you to stay so long as you keep to the conditions set
3) dismiss the case
4) adjourn - or postpone - to a later date

I think your ship has sailed. If you are facing homelessness contact Shelter for advice.

Emergency helpline
0808 1644 660