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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 10239
Experience:  I have been practising for 30 years.
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I have been to court on Friday ordering me to pay rent

Customer Question

Hi, I have been to court on Friday ordering me to pay rent arrears to the landlord. I don't deny the arrears but I receive a housing benifit by the council who refuses to pay it as the pay on 479 out of 775 of the total rent.
Assistant: Where are you located? It matters because laws vary by location.
Customer: ealing broadway, west london
Assistant: Has anything been filed or reported?
Customer: in what sense
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I have to leave my house in 16 days from now.
Submitted: 8 months ago.
Category: Property Law
Expert:  F E Smith replied 8 months ago.

What exactly is your question please?

Customer: replied 8 months ago.
my question is that, I was badly advised by the council about my living situation and when I told them, they were telling me try your best to leave, now am in arrears and have to pay what I can't afford in my current ircumtances
Customer: replied 8 months ago.
Sorry can't carry on paying money. I already paid £26 to ask the question, now you are asking me for another 46 for a phne call.
Expert:  F E Smith replied 8 months ago.

Don’t worry about the telephone call offer. It’s optional extra. You don’t have to take it up. Just ignore it. It comes out automatically.

It doesn’t matter whether the council pay you housing benefit or don’t pay you housing benefit, it doesn’t change your liability to the landlord.

What has happened is that you have been to court and the landlord has a order for possession. If it’s the second time in court he may have a warrant for possession. It is just an order for possession and you don’t move out he will make a further application to court for a warrant for possession which is a warrant whereby the bailiffs will come and physically evict you.

If you feel that the council have advised you incorrectly for some reason (you do not say why) you can obviously make a complaint (but do it in writing) and if that is not successful, then you can make a complaint (also in writing to the local government ombudsman).

I am not certain whether that answers the question for you or not because you didn’t actually ask a specific question and you only gave me some very brief facts.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.