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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Trying to stop possession order

Customer Question

Good afternoon, I have received court papers confirming southwark councils application for a possession order. I was shocked to receive the papers as I have always maintained contact with my rent officer confirming that I was a single working mother of three young daughters and had kept my arrears to only a month and at end the first week of Jan 2014 owed £926 approx. I then informed by rent officer that I will be paying the rent up to date. I then paid £1050 on the friday 10th Jan and sent a text to my rent officer stating the ref no of the payment as if I had paid the amount in the morning, my rent account would then be uptodate by 3pm that afternoon and no arrears. I then followed this with a call and he confirmed it was 'too late' and that we would have a chat later. I was shocked then to receive the court letter the following monday and saw the date stamp as friday the 10th? I rang my rent officer again and he said as long as the rent was in credit by the court hearing date of 28th Feb then it would be ok. I then filed a claim online re the case on the 28th Jan as I feel so stressed and no valid response or help from the income team. On the 27th Jan I paid another £900 towards the rent account to ensure it was uptodate and in credit even by the hearing date of 28th feb. I wrote an email to my rent officer, the income team leader and my local councillor of my payment and that I did not want to lose my home but no response so far and that there were no more arrears. The tenancy agreement had not been amended as it still states my husband even though that I informed the council that we seperated April 2006 and I stated this on my claim online. I have tried to contact my rent officer today but still no reply. I also stated in my statement that I do not want to have a dire impact on my daughters lives as they are at a critical stage academically. Please HELP.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you have a secure tenancy please?
JACUSTOMER-m5qo5et9- : Yes I do with LB Southwark council
Alex Watts : I assume you are no longer in arrears please?
JACUSTOMER-m5qo5et9- : No I'm not, I informed my rent officer on the morning of the 10th jan that I paid the rent and cleared the arrears then found that his team leader still instructed to go ahead with the appl for possession order on the very day. I have since paid £900 again so by the hearing date my rent account is paid and in credit
Alex Watts : Have you had the claim form please?
JACUSTOMER-m5qo5et9- : Yes I have had the form and completed the claim online
Alex Watts :

At the date of the claim form were the arrears cleared?

Alex Watts :

This is really important that I know this.

JACUSTOMER-m5qo5et9- : Yes the date of the claim form (the date that the council applied to the court) is 10th January 2014 the same day I paid the rent account to date (morning)
Alex Watts :

Ok - then you do NOT need to worry.

Alex Watts :

There will be a date you should attend Court.

Alex Watts :

Get a copy of your rent statement if you can to show on the date that the proceedings were issued.

JACUSTOMER-m5qo5et9- : Yes the date of the hearing is 28th February
Alex Watts :

If that is the case then the Judge will DISMISS the proceedings and not award the £100 costs.

Alex Watts :

So get a copy of your rent statement and show the Judge

Alex Watts :

That should end the matter

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-m5qo5et9- : Oh ok but the claim is based on ground 1 schedule 2 of the 1985 housing act that I have arrears and not fulfilled my obligations as a tenant? The court must decide if it is reasonable to grant the possession order no? Even if I wasn't in arrears at the date of the claim?
Alex Watts :

No.

Alex Watts :

Only if you were in arrears at the time of the possession order (and date of Court hearing) would a Court consider making an order.

Alex Watts :

No arrears (even if you were late or in arrears) means the Judge won't make an Order

Alex Watts :

The Judge will dismiss the proceedings

JACUSTOMER-m5qo5et9- : I thought ggl
JACUSTOMER-m5qo5et9- : from the date they served notice
JACUSTOMER-m5qo5et9- : Not the date order was applied for?
Alex Watts :

Once you get to Court if there are no arrears then the Judge wont make an order.

Alex Watts :

Or if the arrears are small the Judge can adjourn the matter generally.

JACUSTOMER-m5qo5et9- : Oh ok
JACUSTOMER-m5qo5et9- : This is the first time hence my worry where I stand
Alex Watts :

Yes of course.

Alex Watts :

But get a rent statement.

JACUSTOMER-m5qo5et9- : Plus my rent officer has not replied at all
Alex Watts :

No arrears - no possession order

Alex Watts :

Yes.

Alex Watts :

Can I clarify anything for you?

JACUSTOMER-m5qo5et9- : Ok fabulous . Thank you kindly
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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