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We are having issues with our Landlord (housing association) with regards to rent arrears. They like to charge weekly but we have to pay monthly so we go from credit for 2-3 weeks and into arrears for 1-2 weeks. This week we received notice of repossession due to the arrears. We are talking just over £100 but when the notice arrived we were actually in credit. We don't even receive any notification of being in arrears just straight to court action. We have had similar in the past when we were £26 behind on the rent. My question is if it goes to court (I don't think it will go that far btw but in case) what kind of view would the court take on it ?
Sounds like a daft situation.
Speak to the HA.
You have to pay what your contract says you have to pay. If that's weekly then your contractual obligation is to pay weekly.
The only mandatory ground for rent arrears eviction is if you are 8 weeks in arrears both when the notice is served AND on the day of court. There is a discretionary ground that would cover your scenario, but judges tend not to evict on discretionary grounds (human rights and all that).
Your best advice is to speak to the HA as above. They are probably doing this as part of their rules and processes.
If your rent is weekly, you should have legally have a rent book. Are all your payments recorded in there? Before court, you want paperwork to show that over time you are paying rent that is due and you are just out of sync.
edit: I am assuming that you are on an AST as you haven't said. If you are on a secure tenancy or a starter tenancy then the rules are different.
edit2: Try shelter e.g. http://england.shelter.org.uk/get_advice/eviction/rent_arrears/rent_arrears_in_social_housing If you call them, they will answer but they are a very overworked charity so be patient trying to get through
computer has flagged up rent missed and sent out pre printed letter, phone up HA and ask /tell them and set up a weekly DD.
Simples as the Meerkats say
+1 grumpysculler. Sounds like a section 8 notice, if it for rent arrears and your on a weekly AST then there has to be 8 weeks worth of rent owed at the time of issuing proceeding to satisfy ground 8.
They may be looking at grounds 11 which states that the tenant has repeatedly failed to pay the rent on time. You do not have to be still in arrears when proceedings are issued.
Have a chat with Shelter, they know their stuff.
Why do you have to pay monthly & they like to charge weekly?
Surely one only has to do what is in the contract/agreement
Assuming the contract says weekly, why would you pay monthly?
Solution, open another bank account which you pay your monthly amount in and the weekly rent comes out of. As long as you keep a small buffer you won't have to worry about it in the future.
Weird.
If you pay four weeks' rent every month, you're going to slip further into arrears as a month in longer than four weeks. Not quite sure how you work that out.
Regardless, if you "have" to pay monthly (why?!), can't you just pay up front rather than being late for half the time?
We are having issues with our Landlord
Sorry, but it sounds like your landlord is having issues with you. Have you spoken to them at any point in order to agree this arrangement or even explain it, or have you just made it up without telling them?