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.
At the date of the claim form were the arrears cleared?
This is really important that I know this.
Ok - then you do NOT need to worry.
There will be a date you should attend Court.
Get a copy of your rent statement if you can to show on the date that the proceedings were issued.
If that is the case then the Judge will DISMISS the proceedings and not award the £100 costs.
So get a copy of your rent statement and show the Judge
That should end the matter
Can I clarify anything for you about this today please?
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.
No arrears (even if you were late or in arrears) means the Judge won't make an Order
The Judge will dismiss the proceedings
Once you get to Court if there are no arrears then the Judge wont make an order.
Or if the arrears are small the Judge can adjourn the matter generally.
Yes of course.
But get a rent statement.
No arrears - no possession order
Can I clarify anything for you?
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