26 Apr 2016

A question about : Help needed with going to court for rent arrears

Back in March we received a letter to go to court for Ј600 in rent arrears to local council, I spoke to them and they said if I paid off arrears before the court date it would be cancelled, I took it to the rent office the day before and was told that it would be cancelled, I received a letter afterward saying they had gone to court anyway because I was Ј33 short (that weeks rent which officially wasn't due until the end of the week) so I then had Ј156 in charges too and it was adjourned.
we have fallen behind again and received a letter middle of september saying we have to go to court again on 25th October at our local courts but have received a letter today saying it has been held on the 25th september at london court and neither the council or us attended so was adjourned again.
I don't know what I'm suppossed to do now, how can they have held it a month early at a court miles away with no notice.

Best answers:

  • Seems a bit mean taking you to court for rent that wasn't due at that point and then adding on fees, not to mention havin a court date a month early. Crumbs. I'm not sure if you can complain about this? You might find the court thing is the courts tryin to get the hearin held quicker (but just forgettin to tell either of the parties - which is useless). At least it has been adjourned.
    Presumably the courts have the correct address for you? and so do the council? Are you getting all your mail?
    Why are you strugglin with rent? Are you payin other bills like credit cards or overdrafts in prference to paying rent? Are you getting all the benefits you are entitled to? I suggest if you are struggling with other debts etc that you get help from one of the debt charities such as National Debtline, CCCS or your local CAB (they may even be able to help with a benefits check up etc).
    With regards to the housing debts I suggest giving Shelter a call to see what they suggest - whether they suggest a repayment plan or whether the council can attach your benefits (so it gets taken out at about 5 pounds a week or something).
    I hope you can get this all sorted.
    Best of Luck
    df
  • Have you tried speaking to your local courts to find out when the next hearing will be (and where)? and to find out why it was transferred somewhere miles away?
    df
  • Hello Bootsalebargains
    You really need to speak to your landlord about what is happening with your rent. You also need to look at why you are falling behind with your rent. If you are finding it difficult to manage your finances then you may find it helpful to talk to your local CAb about money advice.
    It may be that you are entitled to some help with your rent and you can find out by following this link www.turn2us.org.uk
    With regard to the court hearings you can usually ask for the hearing to be heard or transferred to your local court. You should talk to the court about why the hearing has been heard early.
    You should be aware that if your landlord has a suspended possession order then this will be suspended on condition that you comply with the terms of the order. Failure to make all the payments when they are due will almost certainly be in breach of the court order. In these circumstances the landlord can just issue a notice to evict you without going back to court again
    https://www.adviceguide.org.uk/englan...y=rent+arrears
    In most cases there is usually a CAB/ shelter person at the court on possession days as all the courts tend to organise them for the same day. It is important that you attend the court hearing and also find out if there is going to be a CAB person there to offer help and advice.
    Your landlord probably does not want to evict you unless there are other issues besides the rent, they just want their money but they would prefer a regular modest payment than a large payment then nothing for weeks as you need to show that you are budgetting for your important expenditure.
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