Threatened with eviction.

[D4rkEmpress]

This is the whole backstory....may seem so silly to others but I was too proud to ask anyone for help....now I'm literally begging....Before I started working I was receiving housing benefit, but when the benefit cap started it dropped my benefit down and I was only receiving something like £54.99 a week and rent is something like £92. I told the landlord, which is a housing association, that I could afford it and I paid what I could realistically afford at the time, I was getting JSA, child benefit and child tax credits...hubby wasn't working at the time either. It all spiralled out of control and now I owe at least £2500 including court costs from January when they tried to evict me before...court found in my favour but they put some unrealistic amount for me to pay a month which was about £167 or something thereabouts....I tried to make regular payments but had other bills going out...
I know it all sounds a bit stupid but it's all piled on top of me and I just feel like I have no control over anything that will happen, apart from trying to move from here...there are a number of issues in my area that have caused me to panic at everything and doctor has deemed me depressed due to anxiety issues with the area, this has enabled us to get on medical priority band b to move...I'm keeping fingers crossed to move soon....I have now had to quit work due to health issues.
I've now emailed the landlord and asked if I can pay up what I owe since the last court date and continue payment from then...I have even offered to have the money taken from my JSA and be paid straight to him...is there any chance he could accept this or am I being unreasonable?
Any advice greatly appreciated.... 😭😭😭😭

What did the last letter you received say?

What was the arrangement made when you last went to Court? Was a suspended Notice of Possession granted?

Personally I wouldn’t want you to stay.

To get to this point the landlord would have gone through months of rent arrears, court costs. This went to court in January, you’ve had months to sort this out and now you are actually taking some responsibility as the bailiffs are probably due.

You owe the landlord £2.5k already and now you and your partner aren’t working. How do you intend to pay the debt and ongoing rent?

You are living beyond your means. You need to go.

@hennypennyhorror it was a notice pending eviction for 12th June

@coffeerunner they wanted me to pay at least £167 a month, at the time I had just started a job and managed to pay the first payment but then I got really ill, I couldn't continue to work at a hospital being ill. Yes a suspended notice of eviction was granted.

@northernspirit I understand what you are saying but the amount owed is including court costs, i came here for some advice not really to be judged, as I stated in my initial post, the area that the housing association has their houses is a bad area for anti social behaviour and numerous shootings, I don't personally believe I should bring my children up here, my eldest are 15 and 13 and refuse to leave the house to meet with friends. I have tried to talk to the landlord about my issues finance wise but he doesn't want to hear it. I have offered to have the money taken from my JSA and be paid straight to him. I am now waiting for a reply.

Have you been to Citzens Advice?

I think that is what you need to do initially. Also go through your outgoings and see if you can reduce them a bit. Even if it is just a few pounds here and there it will add up.

Firstly, court costs for possession are fixed, unless specifically allowed for in your tenancy agreement. You have a social landlord, therefore the costs are fixed and quite low in comparison to the actual cost to the LL. In other words, most of that £2500 is rent arrears.

This means you have not paid the shortfall on your rent for well over a year.

I say this as the first step towards sorting your issues out is to acknowledge and accept that you have not done what you are supposed to do, which is pay the shortfall and an amount towards the arrears. £167 is the shortfall plus £7 a month towards the arrears - unless you are saying they wanted you to pay the shortfall £37 a week, plus £167 a month? If the latter, then yes, it was a bit unreasonable as a social landlord can accept a minimum amount towards the arrears - current rate for UC is 5%.

The second step is to sit down and work out your income and expenditure. StepChange provide an excellent budget sheet, which you will find here: www.stepchange.org/Portals/0/img/debt-info/income-and-expenditure-form-example.pdf

You must PRIORITISE your outgoings. Rent and Council Tax are your first priorities - the first because, as you've discovered, they can take your home away, and the second because they can put another type of roof over your head ultimately (prison). Therefore these are the two payments that must be made FIRST every week/month.

No one can put you in prison or take your home from you for civil debts, so any credit cards, store cards, loans, overdrafts or the like are low priority debts and you should write and negotiate lower payments that fit your income.

Utilities must be paid as the second priority - all utility companies will allow you to pay monthly to help you budget, if you are not already doing this, contact them to arrange it.

The budget sheet will help you to set out everything you have outgoing and it will then be up to you to see what can be reduced or stopped in order to help you pay a) the shortfall in the rent between the housing benefit and the actual rent and b) something towards the arrears.

As you are on benefits, there is a minimum amount the court would ask you to pay towards the arrears (as stated above).

Whilst you have priority band B for moving, you will not be moved whilst you have rent arrears, so the sooner you clear them the sooner you will be able to move.

You cannot sort this out until you make a budget plan - so get started now and then you'll be able to approach your landlord with a reasonable offer. If they refuse, you'll need to apply to the court for a stay of eviction and hopefully the court will give you a further opportunity to show you can be responsible.

If you're evicted, you will have made yourself intentionally homeless and will not be eligible for further social housing. You want to avoid this at all costs as private renting is going to be far more expensive than social housing and you are showing you cannot afford the latter, so definitely won't be able to afford the former.

Excellent advice from above poster. Just 2 things to add, make your landlord aware in writing of your depression, and keep making regularpayments no matter how small. It shows court you are trying. Don't give up, if there is a law cenrtre near you they can assist, or there may be a duty solicitor at your local court. They will speak for you if you have to make an application for a variation of the previous order. If you need a stay of an warrant of eviction make an application and don't give up.Good luck, I think if you do everything you have been advised, and keep going you will be ok

Why is your husband not worrying about this? Is he n6iw working?

The landlord is a housing association. You’re not going to find anyone better to negotiate with or less likely to evict you. Or cheaper rent! Where would you live otherwise?

Call the HA/ CAB and try and deal with it head on. I know it’s scary but it can be sorted. They see this everyday

Have you applied for a discretionary housing payment to help clear the arrears? Your council may also offer some support and advice in removing the benefit cap.

DHP is generally not available when the arrears have arisen when housing benefit is already in payment.

That’s not the case- DHP can be used where the benefit cap has reduced the HB and caused a rent shortfall. Nothing to be lost from applying.

Yes agree that claiming dhp is a good idea due to the shortfall in hb and also worth speaking to housing and homelessness team at your local council as they could assist with a payment from the homeless prevention fund. Op were you or your husband, or the father of your children ever in the forces?

The Discretionary Housing Payments Guidance Manual states that it cannot cover increases in rent due to outstanding rent arrears. This is different to applying for and getting assistance with the actual shortfall between benefits and rent. There is, you see, the potential for duplicate provision, which the law doesn't allow.

That said, there's no harm in applying for DHP - the local authority may believe it is preferable to retain the OP in the housing she has than risk responsibility (and subsequent higher cost) for the children if she is evicted.

If you are unable to work through ill health then can your husband get a second job? Are you able to do any sort of work that might help? The best solution is to increase your family income to clear the rent arrears so you are not evicted. Can any family members help out, perhaps with a loan to help in the short term to prevent eviction?