Please help with understanding a court order

[LoverNotAFighter]

Hello, I've just received my summons from the court for my eviction. The date is 21st September.
I am in rent arrears of £1700, please dong judge or be harsh.
I'm on universal credit only, I have 2 children and have chronic depression.
My rent here is £950, £510 is paid direct to the landlord by universal credit. I have to pay an additional £440 which I just cant afford it's been absolutely crippling me to pay it for the last 8 months, my children's dad used to give me £200 per month but he hasnt done so for the past 4 months which is why I havent paid the extra £440 I'm supposed to.
Once I had paid rent, I was left with approx £400 for the month UC and then my £39 child benefit a week. I have told my local housing association about this and provided all letters and documents they need. I have tried to ask the landlord to reduce the rent until I am able to get myself sorted but he cant.
The added stress is really making me ill, I dont know who to turn to, what to do or what happens next.

Does anybody happen to know if I have to attend court? How long after the court date will I have to find somewhere else to live? Who can help me fill the paperwork in?
No family or friends support, cant chase cm because he works cash in hand not on the books. Please I just need some support and advice 😢

Does your ex pay you via CMS or is it a private arrangement ? If it's private, have you gone to CMS yet?

It was a private arrangement, I've researched going through CMS but because he works cash in hand and it's not on the books I have no leg to stand on

Well firstly you are NOT a failure - that's a really expensive rent and £440 for YOU to find a month is loads

I'm going to make the assumption that you wouldn't be paying that if there were cheaper places so you are going to be staying where you are until you literally get evicted so you get allocated social housing ?

That's certainly what I would do if I were you, that rent is far too high for someone on UC to afford

CAB should be able to help you fill in paperwork. Free number 0808 223 1133.
Or contact Shelter. https://www.shelter.org.uk/
I think if you go to court you can try to delay being evicted.
I do know you can go to the council once you’ve been evicted and they have a duty to provide accommodation but probably a B&B.
Speak to CAB and / or Shelter and start from there.
Don’t beat yourself up, I hope everything works out for you.

No judgement here, I can only imagine how stressful it is.
Have you provided the housing association with a list of your outgoings? might be useful to do that and bring it to the court hearing.
Unfortunately, it will not be the landlords problem if you can't afford the rent, not making any presumptions because I know MN hates landlords, but he may have his own costs that he needs to incur as a result of renting, in addition you are now causing more financial hardship for him by not being able to pay the rent and he is also incurring court fees etc.
Is your depression medicated?
Could your Council not help with the shortfall via discretionary housing payment? surely that's an option?

Thank you for the replies, I certainly feel like a failure at the moment my kids are going to be homeless living in a hostel or b&b for probably months 😪
Where I live demand for social housing is so high, I am hoping to be in a new cheaper place before Christmas.
My depression is medicated yes, I have actually phoned the GP this morning to request higher dosage as the stress I am under at the moment, the tablets aren't even making a bit of difference to the thoughts in my head.

I will ring citizens advice like suggested and hope they can help, I really cant face this I have no actual support, my children's dad is an absolute bastard, just got nowhere to turn, even the GP doesnt see me in person it's all done over the phone.
I dont blame the landlord, it's my fault for signing up to such a big commitment.

@Pebbledashery I applied for dhp which was declined because I wasnt registered with the local housing association. I registered an application which was refused because demand is high and I am in a private rented property so cannot win 😪i did appeal it, not heard about the outcome so I will chase that now, however dont think it's enough to stop this happening at this point.

The Government launched the Housing Loss Prevention Advice Service this month which is free - link below:
https://www.gov.uk/government/news/new-free-legal-advice-for-people-facing-eviction-or-repossession

All the best

Good luck OP - you're definitely not a failure, you're supporting 2 children single handedly.
I would check you're receiving the maximum benefits that you can receive, maybe worth ringing all your service and utility providers also so you can see if you can negotiate any social tariffs (I know phone, broadband and water offer this).
Definitely enquire about the discretionary housing benefits also.
Citizen's advice can also act on your behalf ahead of the court hearing.
If it does come to temporary accommodation, you will find a way to make it work xx

Sorry just saw your update re DHP. x

I am hoping citizens advice will accompany me to court I'm so scared to see my landlord, I dont want to enter into any kind of confrontation with him whilst I'm on my own, hes quite intimidating

Also contact your MP.
Call local Housing dept as they have people that will try to prevent homelessness.
Local Housing Allowance not increasing is causing problems.
Good luck OP

@KatieB55 that's really interesting you suggest the local MP, what would I say to them? Would they be able to help?

This is such an awful situation, no wonder you are stressed. Most councils have a household support fund, the council in my area will use their fund to help with rent arrears.

MPs are usually well connected with the local council and can often direct your email to the right person, it carries a lot of weight and teams tend to treat requests from MPs very seriously.

I would write to the MP asking for help like you have in your first post.

@Bottlesofhot honestly it's been awful the past few months, I'm waiting to be allocated a homeless support worker from the local council, I do think I'm going to end up in temporary accommodation which is really going to kill me I want to try and avoid that if I can. They could pay off the rent arrears but going forward the reality is I cant afford to live here

@KatieB55 thanks for that advice, never thought they would be able to help. I'll email my local MP now

OP no advice, I just wanted to offer support. What you’re going through sounds incredibly stressful. You are NOT. A failure, your ex is a waste of space and you are doing the best you can.
I hope it all works out ok in the end x

@Hummingbird89 you have no idea how much i needed to hear that, thank you

Emailed my local MP for some advice and help with the next steps. My children's dad was so abusive physically and mentally I dont think I could live in temporary accommodation

OP is there nothing you can do to avoid this. I think I would do anything to avoid what follows eviction around here which is accommodation in the most scummy and unsafe b&bs. They have no cooking facilities. I know this because I deliver precooked dinners to them. I have been delivering to some of them since COVID lockdown. Families in one room. For fucking years. I'll tell you now, no one cares. No one. It's illegal of course, but fundamentally no one cares.

@Somanycats that's absolutely awful, that shouldnt be happening in this day and age.
I dont know what I can do, I cant afford to stay here it's just way too much as a single parent.
Do you have any suggestions? Please anything that will help I'm willing to listen

OP, whatever happens.. you must stay strong.. for yourself and your kids. I know it seems hollow to ask you this as your situation sounds so desperate but is there literally nobody who can help you at all. Friends or family? I am so sorry this is happening to you and your kids. You've recognised that you can't afford to live there, depending on what happens at court.. is it possible you could relocate to a cheaper area and get the council to assist you in finding a cheaper private rental?
Whatever happens OP, know that if you do end up in temporary accommodation.. you will make it work, you will. All the best OP xx

What type of proceedings are they - I assume as you have a court date a section 8 notice has been served but rent of £950 a Month would require arrears of £1900 at the date of the notice and the court hearing before the court must make a possession order on ground 8 serious rent. Otherwise its grounds 10 and 11 rent arrears, discretionary and likely to lead to.a suspended order if you could actually pay the rent and something towards arrears.

That said it doesn't sound like the property is affordable so the council shouldn't consider you intentionally homeless.

The council probably want you to go to court to ask for the full 6 weeks before a possession order takes effect because exceptional hardship will be caused but the normal order is to give up possession 14 days after the hearing, and then it takes between 3-8 weeks for a bailiff appointment and again the council may ask you to stay until then.

This all buys the council time for rehousing.

Housing associations sometimes have their own waiting lists but it is the council who have a legal duty to house homeless families.

There may be a legal help desk (duty solicitor) at court who can help but not guaranteed or sometimes the council's homeless prevention officer will agree to come.

Good luck but hopefully you'llel eventually end up in accommodation which is affordable and at or below the maximum that UC will pay for Housing benefit equivalent