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any advice-advised by council to let eviction (owner wants to sell) go to CCJ so can get council house? what questions to ask? what will this mean for future?

2 replies

violeteyes · 04/02/2008 21:14

thats it mainly-not me actually, a close friend. she is 20, with dp, 22. 2 children 16months and 6 weeks, mum with physical and mental (pnd, very bad)has been told is band a but needs CCJ. worried about credit rating, and about being put in b and b.

anyone know anything?

OP posts:
staryeyed · 04/02/2008 22:18

As council houses are in such short supply and there is so much demand, coucils will assess those they see they have a duty to house. If they are homeless/about to become homeless and are vulnerable- have children etc, then the council has a duty to house them. However, depending on which area they are in they may well be placed in temporary accommodation sometimes for a very long time until they are offered something permanent or they may even have to bid depending on the council.

I think that you might mean they need a Possession Order by the court which means that they will be given a date to leave and then the bailiffs will escort them out. But first the landlord must give 2 months notice (on assured shorthold tenancy). This is different from a CCJ -when someone is taken to court for money owed. The whole eviction procedure can take months. They may be asked to pay court costs.

copied from Shelter:
"The judge may;

Make a money judgement.This means that you have to pay the rent arrears, regardless of whether or not you are evicted. This can also affect your credit rating, which could make it more difficult for you to find a new home.

Sometimes the judge will attach a money judgement to a Possession Order. This means that as well as having to leave your home, you will be asked to pay any rent arrears, the court or bailiff's costs, or all three."

I'm not sure about affect on credit rating. It is not a decision that should be made lightly. Tell them to get professional advise I suggest your friend goes to the local CAB for advise or see if your council offers housing advise.

littleshebear · 05/02/2008 17:03

Get her to phone shelter's advice line - number on website www.shelter.org.uk or make an appointment with a local housing aid centre. Generally it can be argued that if it is a no fault eviction, she should not have to wait for a court order to be accepted as homeless but she needs proper advice.

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