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Rent arrears

Hi all.

Looking for some advice. In September i got taken to court for rent arrears my life broke down and was suffering emotional abuse.

I paid outstanding rent arrears but just went to pay this months rent to find im in arrears due to a dd failing ive received no calls or emails or letters in regards to the arrears but worried about what will happen


Do i have to be taken to court again before getting evicted? I'm with a housing association

Im currently trying to save a deposit so i can find a new place to live and get away from my OH and to get away from emotional abuse but trying to find out whether my social landlord can evict me without going to court first due to being in court and paying arrears 2 days before eviction with bailiffs took place have no money and no deposit and it's 8 hours wait at my local citizen advice

Comments

  • SusieT
    SusieT Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Phone the housing association and tell them you have seen that a d/d failed and that you are very sorry and will be paying the arrears immediately. They will most likely be ok with that. You would then also be able to find out the status of the account and know what you are working with rather than guessing what may or may not be happening. Back up whatever you discover on the phone in wtiting and by email so that you and they have a proper record of your understanding.
    Going forwards, make sure you check your bank account daily to see what payments are due to go out and that there are funds available for them. That will also show if something fails and you can sort it out straight away
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  • Sorry to read your story:

    A landlord does not have to inform tenant of missed rent payments. But most will.

    You should be aware a landlord CAN (but is unlikely to..) take you to court if only 1p underpaid for only 1 day, in theory get you evicted. But from what you say I doubt very very much this will happen.

    But if they wish to they need to serve valid notices on you, follow a procedure and the court will write to you informing you of case & date of hearing.

    It is best simply to ensure rent is always paid in-full, on-time.



    Hope things get better soon.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Hi all.

    Looking for some advice. In September i got taken to court for rent arrears my life broke down and was suffering emotional abuse. - Sorry im confused, can you expand on this

    I paid outstanding rent arrears but just went to pay this months rent to find im in arrears due to a dd failing ive received no calls or emails or letters in regards to the arrears but worried about what will happen - That is your responsibility. You should know when rent is due.


    Do i have to be taken to court again before getting evicted? I'm with a housing association - Depends on what the last order said.

    Im currently trying to save a deposit so i can find a new place to live and get away from my OH and to get away from emotional abuse - Have you spoken to women's aid? but trying to find out whether my social landlord can evict me without going to court first due to being in court and paying arrears 2 days before eviction with bailiffs took place have no money and no deposit and it's 8 hours wait at my local citizen advice



    I don't think knowing the answer will change anything to be honest. Whether they can or they can't isn't going to magic up money. Does your OH work and contribute?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Sorry to read your story:

    A landlord does not have to inform tenant of missed rent payments. But most will.

    You should be aware a landlord CAN (but is unlikely to..) take you to court if only 1p underpaid for only 1 day, in theory get you evicted. But from what you say I doubt very very much this will happen. - Worth always saying 'De minimis non curat lex'. (still a valid legal argument in the courts)

    But if they wish to they need to serve valid notices on you, follow a procedure and the court will write to you informing you of case & date of hearing.

    It is best simply to ensure rent is always paid in-full, on-time.



    Hope things get better soon.

    Agreed though, just pay rent on time and no issues
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Just pay the arrears and the rent up to date.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    Didn't you notice that the direct debit had failed?
    If the money is in your account still surely you can pay off the arrears now?
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 14 January 2019 at 3:08PM
    Contact the HA and talk to them about clearing the arrears and the possibility of getting a transfer or an exchange.

    If you're a secure tenant I believe they will need to go to court to evict you but a court will be reluctant to do so if you are keeping to an agreement to clear the debt.
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