BENEFITS JUSTICE CAMPAIGN
THREATENED WITH EVICTION ? DON’T PANIC ! DON’T DESPAIR!
You can only be evicted by a Judge and only if:
“It would be reasonable to leave and .. you will able to suggest to the court that it is not reasonable ..” (Official ‘Notice Seeking Possession’ form that the landlord has to send you)
LOADS OF DEBTS? Phone Advice Sheffield for free debt counselling on 205 5055
BEDROOM TAX bill? COUNCIL TAX bill? CANT PAY?
Apply for the Discretionary Housing Payment and Council Tax Hardship Fund by phoning 273 6983 or visit your local Housing Office. If you are refused you can appeal.
IF YOU ARE SENT A ‘NOTICE SEEKING POSSESSION’
Your landlord (the council or a housing association) must carry out the PRE-COURT ACTION PROTOCOL:
– check if you are vulnerable because of age, illness, mental or physical condition, communication or language problem
– check to see if you are getting the Housing Benefit you are entitled to
– tell you where you can get help and advice
– consider whether the Equalities Act 2010 applies to you
If they do not do this any case they take to court could be thrown out
DON’T WAIT: DEFEND YOURSELF NOW!
Write out all the reasons why it would not be reasonable to evict you:
Make a detailed financial statement showing your income and expenditure proving you cant pay the extra rent and/or council tax because of cuts in your benefit. Disability benefits should be excluded.
Send this to your landlord at the address on the letter where they mention possible eviction
Keep copies to show any advisers you speak to.Get legal advice –see below.
APPLY FOR LEGAL AID
You can get legal aid if you are on low wages or benefits and at risk of losing your home. You will need proof of income e.g. wage slips or benefit letters for IS/JSA/ESA.
Solicitors who do housing cases:
Howells 7 Castle St, Castle Green S3 BLT tel 249 6666
Sheffield Law Centre Waverley House 10 Joiner St, S3 8GW
Norrie Waite & Slater 9-12 East Parade S1 2ET tel 276 6166
Tell them its about Notice Seeking Possession
WARRANTS FOR POSSESSION CAN BE STOPPED ! BAILIFFS CAN BE STOPPED!
WHEN IS A BEDROOM NOT A BEDROOM?
– when its too small e.g. less than 70 sq ft of useable space
– when its used for another purpose eg. storing medical equipment
– not fit to be used as a bedroom
If you think the council’s Housing Benefits decision to charge you for having ‘too many bedrooms’ is unfair you can still put in a late Appeal due to wholly exceptional circumstances’ – this should be done within 12 months of the original decision. A HB Tribunal in Fife just decided in favour of a tenant who appealed. Your reasons could be Official Error or Mistake about a Material Fact. You can get help from an advice centre. Tel 205 5055.
YOU ARE NOT ALONE – GET SUPPORT!
Tell your neighbours, friends and family to get together to form a support group.
Tell us and we will come to court to support you as well. Join our campaign to kick the Bedroom Tax and all the benefit cuts into the long grass. Contact sheffieldbenefitjustice@gmail.com. Tel 07928766385 or 248 3937 or sheffieldagainstevictions@gmail.com tel 07579203968. Affiliated to the national campaign
Anti Bedroom Tax and Benefit Justice Federation at antibedroomtax.org.uk. Email benefitjustice@gmail.com
JOIN OUR CAMPAIGN TO DEFEAT THE BEDROOM TAX AND ALL BENEFIT CUTS
many thanks to Shirley in Shefield for this information
This needs updating for 2015.
There was a change/update to the pre-action protocols in April 2015.
I’m finding that first paragraph difficult to understand: ”You can only be evicted by a Judge and only if:
“It would be reasonable to leave and .. you will able to suggest to the court that it is not reasonable ..” (Official ‘Notice Seeking Possession’ form that the landlord has to send you) ”
It’s not making grammatical sense to me. Can somebody please explain what this means? I’ve been served 2 months notice by my landlady. Nothing that I’ve done wrong, she just needs to either sell up or move back in due to a change in personal circumstances. I’ve been desperately seeking other accommodation but it’s hard. So i’d like to know all my rights and leave no stone unturned.
(I am already aware of my council/housing association options)
The information above applies to social housing tenants threatened with eviction for rent arrears – in this instance, specifically for arrears accrued as a result of non-payment of Bedroom Tax.
A private landlord/lady can evict a tenant more easily, provided they give two months’ notice. I am guessing that something to this effect may be stated in the contract you signed when you first took up the tenancy. Here is a useful link (there are TONS of informative links online).
https://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants
I feel for you; this is a horrible situation made worse by the fact that you had no clue what was about to happen. All the very best xx