Repsossession by North British Housing on rent arrears of £1000.00greenspun.com : LUSENET : Repossession : One Thread
I was £1000.00 in arrears because I was not working and the council take about 4 months to sort out housing benefit, when I went to court I told them that I would pay £150 off the arrears each week until it was paid, the lady for NBH said she wanted the full arrears in cash today and would not accept any payment plan, and the judge said that he had no choice but to give them possession of the flat and I would have 28 days to leave the property. (I didn't take a solicitor with me). Can I appeal against this decision,
-- Tristan Chubb (email@example.com), October 16, 2003
Tristran, NBH is a registered social landlord and as such you have rights similar to those of a local authority tennant. However, if your tenancy began within the last 12 months and they opperate an introductory tenancy scheme then the judge would have no discresion to suspend upon any payment arrangement. You should seek the assistance of your local authority housing advice department as soon as possible. If this was not the reason why the judge had no discresion - then what was the reason?
-- Lexie (firstname.lastname@example.org), October 16, 2003.
I find this odd as, generally, a judge will suspend a possession order if the person in arrears can show they can pay off the arrears (ie they can meet their normal monthly obligation and pay a bit extra towards the arrears). Even if it's just a token amount, or the arrears would take years to clear they will still only give a suspended possession order.
I'd suggest a visit to either a solicitor or your CAB PDQ to try to clear this up.
-- Chris (email@example.com), October 16, 2003.
£1000 arrears suggests that this is in excess of an 8 week period worth. I expect that this is why the judge was not able to exercise discretion as the arrears are in excess of 8 weeks both at the time that notice is served and at the time of the hearing.
Appealing is only likely to confirm the decision on the basis that I am correct in the assumption I make above. However, if you could beg steal or borrow the full amount before the expiry of the 28 days then there is a chance that you could be allowed to stay. If at the expiry of 28 days NBH apply for a Warrant of Possession to physically evict you, you could apply for the warrant to be suspended and would be in a better position if you have by then paid all the arrears and costs - BUT NOTHING IS GUARANTEED - be aware that even if you do leave, you will still eventually have to pay the arrears and costs when they catch up with you.
-- David J. Button (firstname.lastname@example.org), October 17, 2003.