Helpful Information - Rent Arrears
If you are facing a possession order as a tenant, you should seek a suspension of the possession order on condition that you pay your normal monthly plus an amount off the arrears.
Many County Courts these days have a duty representative scheme on the day rent and mortgage possession proceedings are heard. They are typically staffed by agencies from the public, private and voluntary sectors. If the arrears are minimal, the housing practitioner or the duty scheme representative would, wherever possible, negotiate prior to the hearing that no suspended possession order be made. It is not uncommon to get agreements that matters be adjourned on the basis that the tenant pays the ongoing rent plus a small amount towards clearing the arrears. If the tenant does not keep to the deal, the landlord will be able to have the case restored.
Suspended Possession Orders - Tenants
Suspended Possession orders can be most problematic and should be avoided if the tenant relies on some form of means tested benefit. Housing benefit can take anything from four weeks to twelve weeks to determine the claim, some local authorities have been taken to task for taking up to 12 months to resolve a claim.
Housing benefit is usually paid in arrears and any delay in payment can find the tenant facing possession proceedings through no fault of their own and ultimately the tenancy could be ended.
Loss of the Right to Buy.
If, as a tenant, you are facing a possession order then you can apply for the order to be staid or suspended. If the application is successful, this puts you back in the position you were before and as such restores your option to apply for the Right to Buy.
The Next Step
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The Insolvency Service has produced a guide: In Debt - Dealing with your creditors, to support those who find themselves in financial difficulty during the recession.
Financial Information
All debt solutions should be very carefully considered. Fees will be charged if a solution is taken in order for us to set up and maintain your plan - all fees will be outlined during your consultation. For further information on fees, please see the FAQ section of the different solutions available. Retained payment may place you further into arrears. The Debt Advisor complies with the Consumer Credit Act and you have a right to a cooling off period of 7 days. It is likely that your ability to obtain further credit in the short term will be affected and this may also be the case over the medium to long term.
All debt solutions should be very carefully considered. Fees will be charged if a solution is taken in order for us to set up your plan and maintain it - all fees will be outlined during your consultation. For further information on fees, please see the FAQ section of the different solutions available. Retained payment may place you further into arrears. The Debt Advisor complies with the Consumer Credit Act and you have the right to a cooling off period of 7 days. It is likely that your ability to obtain further credit in the short term will be affected and this may also be the case over the medium to long term