Eviction

[RHNC1980]

Hello!

I'm just posting on behalf of my friend who is currently crying her eyes out. She's a single mum with a 9 YO little boy. Her housing benefit stopped for a few weeks because she changed from income support to her student loan. Obviously she couldn't afford to pay the rent. It took a while to sort out, but unfortunately it left her in arrears. She organised a payment plan with them which she has adhered to. She has just received a letter from the council today to inform her that she is going to be evicted in 2 months. The CAB aren't available over the weekend so she can't even go there to get advice. She is absolutely devastated.

Please can anyone give some advice that I can pass on to her? Can she appeal the decision? I desperately want to help her but I just don't know what to advise her to do. X

Did she have other letters? They can’t evict without going to court and if she agrees to and keeps to a payment plan she is unlikely to be evicted, but she should contact her housing or rent officer on Monday. Until bailiffs evict you lots is possible. Get advice from shelter also.

Sounds strange to me!

My local council don't jump straight to eviction after a few weeks of missed rent payments.

After 2 weeks, they send someone round to the home for a discussion and to set up a payment plan (Can be as low as £5 per week).

They'd need to take tenants to court before eviction, too.

I'd advise her to go speak to CAB on Monday or phone Shelter if she wants immediate advice.

Something is not right here.

Thank you so much. X

Although it may be scary she needs to talk to the landlord (presumably the Council) to find out why they have sent the letter. I suggest she does that before she contacts Shelter or citizens advice just so she has as much information as possible

CAB have following on what may be useful when she goes, I expect Shelter will be similar.

"Housing problems

tenancy agreement, letters from your landlord - if you're renting
mortgage details - if you have a mortgage
any court papers
title deeds - if you own your home
proof of your income - wage slips, benefit letters, tax credits."

www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/what-to-bring-on-your-local-citizens-advice-visit/

Don't worry if she doesn't have them, but maybe just putting it together can help her get calmer.

Thank you very much. I am passing all of this on to her. I live in Southend now and she's all the way over in Newquay, where I used to live. I just want to give her a hug 😕

There's something she isn't telling you op...

Indeed, it is likely she is telling you what would make you want to hug her rather than get angry with her. If her HB was stopped temporary for the reason she claims, it would have been backdated, so why didn't she pay all her arrears with that backdated payment?

If they have agreed a repayment plan, it is highly unlikely they would have given her notice to vacate if she's stuck to the agreed payment and paying her rent.

THere's a lot she isn't telling you.
Court date.
Letters before court date threatening legal action.
Plan in place if adhered no court action.
Pause in benefits and usually back dated.
Housing benefit discretionary fund which housing officer suggests.

Your friends HB was most likely suspended due to change of income - but that wouldn’t have left her in arrears once HB started they would have given her back pay from when it was suspended

Has your friend been to court previously over rent? Is the letter a letter stating they are going to take your friend to court to seek possession of the property?

Tell your friend to stay calm and actually visit the council on Monday and talk to them about what she can do

No such thing as a 2 month eviction notice with no previous paperwork. She needs to stop crying and read it properly.

Are you sure it's the council who'se written to her? I'm wondering if she's renting privately but getting HB?

If so, and she is on a rolling contract, then 2 months notice would be legally correct. Anyone renting on a rolling contract can be given 2 months notice even if no fault of theirs, which is why it is essential to always make sure to have enough saving to foresee this situation and have enough to pay agency fees and advance deposit.

If she is renting privately, she doesn't have to leave when the notice runs out and the landlord will then have to take her to court to evict her, which can take many months. However, she will still have to find somewhere else to go eventually and will likely be liable for the court costs.

I did wonder why the payments weren't backdated TBH 😕I am beginning to wonder now if she is telling me the whole truth. I know she was ignoring brown enveloped letters for a while and also anyone ringing her landline. She joked, "It's probably people wanting money!" I actually think she may have been serious and not joking as I presumed she was. X

Thank you. I am really beginning to feel a little suspicious. Obviously she's my best friend and I love her to bits but o think you're all right. She's not telling me the whole truth. X

Another vote for something isn’t right here or she’s not telling you the full story.

The council only evicts people as a last option. And certainly don’t when people have agreed to a payment plan and are sticking To the agreement.

She can still fix this but if she wants anyone’s help she needs to be totally honest.

I agree yes. Only if she's honest. With herself mainly. X

Has she asked you for money?

If she's being evicted by the council then she's a council tenant?

She needs to go to court, usually takes a few goes and breaking court order: before being actually evicted.

She'll be charged court costs and ordered to pay her rent plus an affordable amount per week towards her arrears. If she fails do this they'll take her back to court etc.

Has she told you if she the Claimant has been granted a Possession and is it an Acclerated Possession Order? Is the Possession Order new or has it been in place for a while and she’s had it suspended before?

No she hasn't asked me for money at all. She wouldn't do that. I have offered though. X

No money that you can't afford to lose. She needs to get her head out of the sand.

I’d gently but firmly tell her that this mess isn’t going to go away and you’re there to support her but she needs to give you all the information as you can’t help someone blindfolded

Thank you so much everyone. What a wonderful, kind and caring community this is. You know what...I'm going to encourage her to join Mumsnet too. She can reach out in a safe nonjudgmental place and seek some comfort and support when it's most needed. X x X

My best advice is to call the County Court on Monday at 9am and see If she can make an application to suspend eviction and if so, get herself booked in. There’s a £50 fee butvid she’s on a low income she should be exempt. Just get her to fill in Help with Court Fees and take the reference number to the appointment with the Court staff.

If it’s an Accelerated Possession Order it’s unlikely that she can make an application, but she can check with the Court staff [smile[

*but if