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 im in rent arrears
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nicola.mc
Starting Member



2 Posts

Posted - 30 December 2009 :  17:21:18  Show Profile  Reply with Quote
im in rent arrears with ermimus due to go to court on 14th january

debtinfo
forum expert



2826 Posts

Posted - 30 December 2009 :  17:25:58  Show Profile  Reply with Quote
is that a private landlord or a housing association and do you intend to continue living in the property
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 30 December 2009 :  18:15:11  Show Profile  Reply with Quote
hi

Erminus are a RSL (housing association) based in Middlesborough.

I assume that the arrears are substantial for them to get to the court stage?

If you are able to expand a bit more, may be able to guide you - we have enough time to make some inroads. At the very least, you can have someone from the court (on the day) attend the hearing with you and, as necessary, act on your behalf. It will be the duty officer, may be someone from CAB, law centre, the council or Shelter - they are not normaly lawyers, but they do not need to be.

We can assist here if you want to save the tenancy

Be strong, Richard

"There are no problems - only solutions..."
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debtinfo
forum expert



2826 Posts

Posted - 30 December 2009 :  18:39:12  Show Profile  Reply with Quote
The good thing is that since about a year ago the OR has specific advice that if a suspended possession order is obtained by an RSL that the OR should allow arrears payments as part of the essential expenditure so that the bankrupt does not lose their home
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 30 December 2009 :  19:11:51  Show Profile  Reply with Quote
Hi debtinfo

Agreed, I hope that Nicola posts back and, between us, we can guide her through what she can achieve. At this moment, I do not think Nicola is BR - whatever happens it will only be a SPO and the tenancy can be saved - This particular RSL is a stock transfer association from the local authority. As you may be aware there are several hundred RSLs now that were previously the housing department at the local council.

Hope that you had a good Christmas and a Happy new Year to you and yours.

Nicola, please post back - we can assist you and prepare you for the court hearing.

Even if you do not post back, I say this to help you:

Attend the court hearing - arrive 30 minutes early and ask for the duty solicitor (it will not be a solicitor, but that is what they are generally known as). That adviser will see your case and assist you and go into see the DJ (sorry District Judge).

That is nothing to worry about - he/she will be in their chambers (just an office)and noone else apart from the landlords solicitor and maybe a housing officer.

The DJ will want you to retain your tenancy - he/she will not want you to be evicted.

You are advised to attend so you can explain your problems to the judge - he/she will understand and try to help you rather than the landlord.

Do not let the landlord have the court case (hearing) dealt with without you being there - it is not the least bit scary - I promise you

Come back and we will take you through the process, Regards, Richard

"There are no problems - only solutions..."

Edited by - Housing on 31 December 2009 10:38:23
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