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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I asked you before about a notice we was given as the dwp pay

Resolved Question:

I asked you before about a notice we was given as the dwp pay our rent and the court said they were to pay us and the agency had to invoice us so for the months rent so I could then forward the inv on to DWP each month to show them we still lived here.has it is not like housing benefits. The Solicitors for the agency's told them not to give us invoices but after months of us getting onto the agents they just started to sent them against the Solictors advice. At xmas dwp ask for the invoice early as the offices pay the benefits early.but the agency couldn't do this so of cause my payments were for jan-February were late due to me have to keep ringing Canterbury and I got it all in and the agency was fine. The next I got a court letter saying I had to be out so one of you said fill out a n244 which I done but since then I got a eviction date of 17th April my court date is march 26. The agency has said this solictor has been give the sack this is the last case and a new one is starting after this. As my landlord is Secretary of State so you can see they use a big firm of Solictors. They also said the court on the 26th can not change the order of 26th as I have as for dwp to pay direct to agency as before and as it states on they invoices, then for me to pay 150 to cover the arrears of 1900 per month they have now put about 3000 cost on last time they put 12000 cost and the judge only allow them 550 so they were not happy.is it not worth going then if the judge can not change his order he done. Or are they just saying that for me to give up.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 : You can apply for a stay of evictin.
Alex Watts : eviction.
Alex Watts : If possession was given on the basis of rent arrears then a judge can suspend the eviction on the basis arrears are paid back over time
Alex Watts : Can I clarify anything for you about this today please?
Customer: The solictor is saying they will not allow this and will order the judge that we got to be out. Jan 2013 the judge was fine it since then the solictor has make it very hard for us to get the information we needed for the DWP and now they won't even answer our letters they said we not to speak to the agency who speaks to us nearly every day. Is there anything else I could ask the judge to help I do have 2 special need neices living with me and my husband is disabled.
Alex Watts : You need to show that you can afford the current rent and a sum towards the arrears. If you can show this then the judge is likely to suspend the eviction.
Alex Watts : If you can't afford the rent then sadly you are likely to have to move.
Alex Watts : Can I clarify anything else?
Customer: My daughter has told the agency that she will pay it up less the cost after the 28 has she has sold her horsebox.the agency are fully aware of this they told the solictor and they said no.
Alex Watts : You should still apply to suspend the eviction. This is a good basis what you have said.
Customer:

when I first spoke to you at beginning of March you said to put vary the order to amended possession order and be suspended. That didn't work someone at court said as it is a crown tanancy I should had either put the following apply for a postponement of the date of possession , or to stay or suspend enforcement what is the different has what I put they look it up in the law book and said no cause of the 1988 housing act.

Alex Watts :

If you see above I did say to apply to suspend or stay enforcement.

Customer:

at the start of march I copy down what you said so I put the n244 in on 3 march then I speak to you again and it charge will I be able to re apply,

Alex Watts :

Yes and we spoke about varying the Order.

Alex Watts :

And if that can not be done you can apply to stay the eviction which is what I have suggested here

Customer:

could you just put down again pls what I need to put on the n244 first then do I do another on for the eviction sorry but I am in a right mess.

Alex Watts :

Yes of course

Alex Watts :

You are asking the Court to stay the eviction pending your current monthly rent plus an amount towards the arrears.

Alex Watts :

You are seeking an Order to suspend the eviction

Alex Watts :

That is what you are asking for

Alex Watts :

Can I clarify anything else?

Customer:

would this be the same for crown tanants

Alex Watts :

You can apply to suspend enforcement yes

Customer:

This was the problem today they said the judge could not vary the order or amended possession order because of some law.

Alex Watts :

The Judge is entitled to stop enforcement. The Judge can suspend enforcement action

Customer:

ok tomorrow I do a n244 to suspend enforcement this one will do both or do two another for eviction.

Alex Watts :

This one.

Alex Watts :

Can I clarify anything else?

Customer:

Thank you

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’.


 


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Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you