Rent Arrears/ court order

[josephine]

I am unemployed with fibromyalgia and other health problems and was signed off work by the benefits office.

I have rent arrears due to over payment by the housing benefit section and have been paying a small amount each month to clear the arrears.
Housing Benefit messed up my claim again for housing benefit and there was another over payment, i have apealed this and that was last year but because they have so many claims appealing there decision there a backlog.
My housing officer wrote to me asking me to increase my payment to £20.00 per week as this over payment has increased my rent arrears. I explained to him that i should be going to appeal soon this month or next and then the matter should be resolved but they want me to increase my payment each week whichi told him i cannot afford to pay as i am on Incapacity benefit and am living on a low income.
He spoke to his manager and they wrote back informing me that if i do not make the payments from the 1st of this month they will take me to court for possession.
I have now received the letter informing me that they are taking me to court for possession.


I thought by law that if you have rent arrears and you make arrangements to clear the arrears by paying £5.00 per week and i have been making these payments for the last year but because of this over payment yet again they want me to increase the payment but because i live on benefit £99.70 per week i thought that by law there only a small amount they can make you pay because you receive benefit, it used to be £3.00 per week.
Can they take me to court as i am making payments and have been for last year but i cannot afford to pay £20.00 per week.

Can anyone confirm by law if your on benefits how much by law can they make you pay and if they right in law by taking me to court as i have been making payments for over a year.

[Stepheninleeds]

You need to get legal advice right away. Contact a local solicitor or Law Centre. Getting Legal Aid might be an issue, but worth trying. You are right to ask, as I have always says, just because someone demands something does not mean they have the legal right to. Should you not be entitled to full Housing Benefit to cover the rent anyway, or is yours one of the cases when the rent is higher than the benefit?

Edit: I wanted to add the following paragraph. Often people demand more because they want more & many pay up because they think they have no choice, when you fight back they are forced to back down. A court will look at the situation. They will look at the fact you are trying to pay off the arrears, that you are on benefits. Courts are not always terrible places, they are often on your side. A court will not usually force you to pay more than you can afford, especially when you can show that you are doing your best.

BTW, I have been getting too much Housing Benefit since April, & tried to get them to take it back, it is not as easy as you think. I am in a Council house so got full Housing Benefit, they just paid any extra third every week. They have overpaid by over £729, & last week I called again, & said I can claim that money back off my rent account. I said I did not want it, it was not mine, it was overpaid, it was yours. They said it was correct. I said you do not pay more than the total of the rent, so how can it by mine? Have to wait if they take it back this time, or if it will sit there for another 3 months.

[Jen66]

Call Shelter today on Freephone 0808 800 4444


http://england.shelter.org.uk/get_advice

[josephine]

Can someone not tell me legally where i stand.

[Stepheninleeds]

Yes, a solicitor can. You have the right to agree a repayment plan with the office that deals with your benefit. If it is paid directly to your landlord then the Housing Benefit will take it back from your rent, & your landlord will require you to repay it, what you repay should be agreed with you & them. You also have the right to appeal against this overpayment too. Also, if you are on benefits they can take it out of that. So from what you have said someone has messed up. You really need to seek professional advice on your rights, how to challenge this & to try to resolve it.

[Jen66]

Can someone not tell me legally where i stand.

I think it would morally wrong to advise you on something so serious as house eviction when Shelter are one phone call away. Not only will they advise, but will offer practical help. Housing law is extremely complex. Most of the help offered on the forum is benefit related which is far removed from repossession of you home.

I've seen people lose their home to the baliff on internet advice. Please, please talk to Shelter.

[andypandy]

Can someone not tell me legally where i stand.

We are not solicitors therefore cannot do this

[Duncan]

Get down to the Hounslow C.A.B and they will help you.
http://legaladviserfinder.justice.go...304862&lang=en