hi, im a housing trust tenent and my rent is £75 per week, due to the
company i worked for going bust i suffered financial difficulties and
so fell behind with my rent to the sum of £1600 and so the housing
trust have applied for a outright notice seeking possession i have been
given a court date which is next week, i have since gained new
employment and therefore cleared my arrears and my rent account is now
in credit, is it likely that i will lose my home? im concerned as it
would render me my wife and our 3yr old son homeless. thanks for your
time, regards mark.

if anyone has any advice or experiance on this matter please advise me!




-- 
mcelec

On 10 Sep, 17:10, mcelec  wrote:
> hi, im a housing trust tenent and my rent is £75 per week, due to the
> company i worked for going bust i suffered financial difficulties and
> so fell behind with my rent to the sum of £1600 and so the housing
> trust have applied for a outright notice seeking possession i have been
> given a court date which is next week, i have since gained new
> employment and therefore cleared my arrears and my rent account is now
> in credit, is it likely that i will lose my home? im concerned as it
> would render me my wife and our 3yr old son homeless. thanks for your
> time, regards mark.
>
> if anyone has any advice or experiance on this matter please advise me!
>

It would be a good idea if you could find a local law centre/advice
centre (like the CAB) or free solicitor to help you out with this.
Often someone coming along to court to put your case can help a lot.
Ask the court if there is a "duty adviser" scheme, which can make a
big difference.

I'm not quite sure what kind of tenant you are. I'm guessing
"assured". If that is right then the landlord cannot prove a mandatory
ground for evicting you if you have no arrears, instead they have to
prove to the judge that it is reasonable for there to be a possession
order. From what you say, it should not be reasonable to make an
outright order, but it might be reasonable to make a postponed one
given your past arrears.

I'd try to persuade the judge that, in the circumstances, no order is
necessary as you are now back in work. If you didn't tell your
landlord promptly that you weren't going to be able to pay (and why)
you may have to explain that, also why you didn't obtain housing
benefit/any other kind of benefit (it may not have been available to
you but its worth explaining that).

Francis

mcelec wrote:
> hi, im a housing trust tenent and my rent is £75 per week, due to the
> company i worked for going bust i suffered financial difficulties and
> so fell behind with my rent to the sum of £1600 and so the housing
> trust have applied for a outright notice seeking possession i have been
> given a court date which is next week, i have since gained new
> employment and therefore cleared my arrears and my rent account is now
> in credit, is it likely that i will lose my home? im concerned as it
> would render me my wife and our 3yr old son homeless. thanks for your
> time, regards mark.
> 
> if anyone has any advice or experiance on this matter please advise me!
> 

You can ask for any possession order to be suspended, this suspension 
lasts for 12 months but it does mean that if you don't follow the order 
made by the Judge then the housing trust can reapply for possession.

There is a form (I forget the number) available from the local county 
court which you need to complete. Get the form ASAP, fill it in straight 
away and hand it back to the clerk.

If you've never been in this position before I can't see how any judge 
would grant possession as opposed to suspending it. I know of people who 
have been in a far worse situation than yourself who have been to court 
4 or 5 times and getting the possession suspended.

I know I'm pointing out the obvious, but next time you get into 
financial difficulties you should approach your landlord straight away 
rather than letting it get to this stage - and you should have claimed 
Housing Benefit too if that was appropriate, it would have stopped the 
situation from getting out of hand.

If your rent account is in credit, the judge may not even need to 
suspend possession. I know it's easy for me to say, but fill in that 
form and try not to get too worried, I'm sure it will all be OK.


-- 
Robbie

mcelec wrote:
> hi, im a housing trust tenent and my rent is £75 per week, due to the
> company i worked for going bust i suffered financial difficulties and
> so fell behind with my rent to the sum of £1600 and so the housing
> trust have applied for a outright notice seeking possession i have
> been given a court date which is next week, i have since gained new
> employment and therefore cleared my arrears and my rent account is now
> in credit, is it likely that i will lose my home? im concerned as it
> would render me my wife and our 3yr old son homeless. thanks for your
> time, regards mark.

On the basis of the information provided, no court would evict you.

On Fri, 12 Sep 2008 18:25:12 퍝, "Steve Walker"
 wrote:

>mcelec wrote:
>> hi, im a housing trust tenent and my rent is £75 per week, due to the
>> company i worked for going bust i suffered financial difficulties and
>> so fell behind with my rent to the sum of £1600 and so the housing
>> trust have applied for a outright notice seeking possession i have
>> been given a court date which is next week, i have since gained new
>> employment and therefore cleared my arrears and my rent account is now
>> in credit, is it likely that i will lose my home? im concerned as it
>> would render me my wife and our 3yr old son homeless. thanks for your
>> time, regards mark.
>
>On the basis of the information provided, no court would evict you. 
>
>

Cynic wrote:
> On Fri, 12 Sep 2008 18:25:12 퍝, "Steve Walker"
>  wrote:
> 
>> mcelec wrote:
>>> hi, im a housing trust tenent and my rent is £75 per week, due to the
>>> company i worked for going bust i suffered financial difficulties and
>>> so fell behind with my rent to the sum of £1600 and so the housing
>>> trust have applied for a outright notice seeking possession i have
>>> been given a court date which is next week, i have since gained new
>>> employment and therefore cleared my arrears and my rent account is now
>>> in credit, is it likely that i will lose my home? im concerned as it
>>> would render me my wife and our 3yr old son homeless. thanks for your
>>> time, regards mark.
>> On the basis of the information provided, no court would evict you. 
>>
>>
> 
> 

Social landlords sometimes send such letters to intimidate
a tenant into paying up. This you obviously couldn't do
due to your circumstances. They wouldn't even get a court
order let alone an eviction.