Case Conference - Rental Arrears with Council

Nala89

Hi Everyone, looking for some advice as I'm freaking out at the moment and not slept all night.

I owe £1500 in rental arrears to the council (Scotland) and there was recently a court case regarding eviction. I spoke to the council when I received my court documents and they said if I filled them in, stating I couldn't be present at court but accepted liability for the debt, and proposed a repayment plan, everything should be fine.

I had an agreed repayment amount with the council already so proposed this on the court documents, and continued to pay this for the three months since the court action, awaiting the decision.

I then received a letter yesterday (dated on my birthday ) stating that an open decree for eviction was granted, which is explained in the letter as the council is now allowed to evict.

The letter though is headed as "CASE CONFERENCE" and they have set up a meeting for next Friday. Is this a final chance at stopping the council evicting?

RecentPost

Sorry to hear about this, its crazy they are going to evict if you have agreed a plan.

I am just replying to bump his for someone who knows more about it.

theoretica

I suggest you get in touch with the charity Shelter - this is the sort of thing they exist to be expert about.

https://england.shelter.org.uk/housing_advice/eviction/eviction_of_council_tenants

Willing2Learn

Good advice from theoretica to get in touch of Shelter. Just make sure it is the Scottish version as the law is slightly different north of the border:
https://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_from_council_housing_association_or_co-op_accommodation_and_temporary_accommodation

Nala89

Hi guys, thanks for your helpful advice. The meeting is today so I will keep everyone updated. I called to confirm my attendance and the woman on the phone said they usually look for the full amount outstanding so I may get a reprieve in that sense after speaking to my family who are willing to help.

WhenIam64

they usually look for the full amount outstanding so I may get a reprieve

Sounds similar to a s8/ground 8 notice in England and Wales

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

See if you can get a package - part payment now to bring it down with the arrears being a top up to current rent. Scots law though is different from E & W

Nala89

Challenge your eviction
You might be able to challenge your eviction if your section 8 notice isn't valid or you have a good reason why you shouldn't leave your home. This is called 'defending possession
It's a good idea to talk to your landlord if you feel able to. They might decide to let you stay in your home if you can show you can repay your arrears, for example.

Although I appreciate Scottish law is different, I do believe this is where we are, as the quote above shows from the link you kindly provided. I'm hoping I can get passed this, then get onto sorting my debt. One step at a time though, starting with this afternoon

Unicorn_cottage

Good luck Nala. Hope is goes ok x

Nala89

Hi guys. Just to update.

Had the meeting, was just a one to one.

He told me that the full amount would need to be paid but I have 6 months from the date of the court decision to repay (February). I have managed to raise £1000 from family which has been a life saver. I'd say if you are in any trouble, speak to your family. They were more angry that I didn't mention it to them until this point!

So I can repay the balance over the next few months, which I have calculated out and can afford it. So all seems good! Once this is sorted, I will be trawling through these boards to get myself out of debt also. I've read about light bulb moments on here before, this is definitely mines. Thanks again everyone for your help and support.

Nala89

Hi again folks.

Things have taken a wee step back again after all the optimism.

At the meeting, I was told the council have 6 months to act on the decree so would need the balance paid within that time frame, which was fine.

I made my offer to them over the phone to do this and everything was fine, he just needed to run it past his boss. But, today, we've been told that my offer isn't good enough, and his boss wants me to pay it by the end of September. With the weekly rent added on , I would owe £916.22. My salary can cover it but as you can imagine, it leaves me so short as it's over 3 times my usual payment. Is there anything I can do or am I at their mercy?

EssexHebridean

Regardless of what else can be done in the immediate with the rent I'm going to suggest that you get cracking on a Statement of Affairs (SOA) using the link in my signature - firstly it may help to ascertain where some of the outstanding money for the rent can come from in the short term, but i the longer term it will help you establish (assuming there aren't circumstances that explain the full picture, that is) how you have got into the situation you have with debts (including priority debts) and also help you to budget to get yourself back on an even keel.