Rent arrears court problem

Punmanuk

Just a quick question, we have been asked to leave the property tomorrow due to rent arrears. There was a court hearing and we were given 14 days. So if my mum takes the court letter to the council tomorrow will the help her straight away or will the council say they we need to wait for the ballifs to evict us and only then the council can help..
Any help would be nice

Pixie5740

Punmanuk wrote: »

Just a quick question, we have been asked to leave the property tomorrow due to rent arrears. There was a court hearing and we were given 14 days. So if my mum takes the court letter to the council tomorrow will the help her straight away or will the council say they we need to wait for the ballifs to evict us and only then the council can help..
Any help would be nice

It depends on the council. However, if you're being evicted for rent arrears you could be deemed intentionally homeless so the council might not have to help.

Shelter are open until 5pm today so give them a call now.

https://england.shelter.org.uk/get_help/helpline

Punmanuk

Thank you. But the council did tell my mum that they will help her..but I am not sure if they will make mum wait till the ballifs kick us out or will they help her straight away

Pixie5740

Punmanuk wrote: »

Thank you. But the council did tell my mum that they will help her..but I am not sure if they will make mum wait till the ballifs kick us out or will they help her straight away

As I said, it depends on the council. I still think it would be a good idea to phone Shelter.

HampshireH

Is it a private rental you are being evicted from?

Punmanuk

Yes private

System

Being evicted for rent arrears is making yourself intentionally homeless and councils are under no obligation to help people who have made themselves intentionally homeless. Unless you're lucky enough to live in a local authority with housing to spare you may find you're offered bed and breakfast so I'd be looking for somewhere to store the household contents.

If your mum has been given 14 days she has longer than this. When the 14 days lapses the landlord will have to go back to the court to apply for a warrant of execution and only then once it has been granted can they employ bailiffs to come and remove your mum. That process can take weeks to occur.

theartfullodger

Tarambor wrote: »

Being evicted for rent arrears is making yourself intentionally homeless and councils are under no obligation to help people who have made themselves intentionally homeless. .....................

That used to the case: But since the Homeless Reduction Act things have changed and mum might get some temporary assistance.

See e.g.

https://nhas.org.uk/docs/Factsheet_Applying_as_homeless_flowchart.pdf

&
https://nhas.org.uk/docs/Factsheet_Applying_as_homeless_Intentional_homelessness_August_2018.pdf
But I doubt any rational landlord - private, council, housing association, the other varieties... - would wish to rent a property to someone who doesn't appear to pay their rent in full & on-time.


Best way forward would be to pay rent arrears off then apply to the court for the Possession order to be chucked out.



If if PO not overturned, presenting to a letting agent with the story of, OK, having had rent arrears but then clearing them is likely to get a better hearing.


Any reason this wasn't addressed before Xmas?

Punmanuk

I have been ill from a heart surgery which was on the 21st Dec..so not paid much attention to it

Cakeguts

Punmanuk wrote: »

I have been ill from a heart surgery which was on the 21st Dec..so not paid much attention to it

The rent arrears have been going on for longer than that.



Your mum would have been in arrears several months ago.


Why has your mum not made any effort to sort the arrears out?

Punmanuk

Because she has been of sick with mental health..we been paying what we get thru universal credit towards rent but it's still not enough as rent is 1275 a month so there is still 400 pounds shortage every month for the rent after we pay what we get towards rent