Claim Form for Possession of Property - Grounds 10 and 11 of Schedule 2

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  • Claim Form for Possession of Property - Grounds 10 and 11 of Schedule 2

    Any thoughts on how to proceed with this one?

    Tenant is my friend renting from a Housing Association under a 'Full Assured Tenancy' they are seeking a 'Claim for Possession of Property' using grounds 10 and 11 of Schedule 2 of the Housing Act.

    T has paid rent sporadically and is in arrears to the tune of £2k, but has demonstrated a willingness to get back on track with regular payments of rent, plus arrears. The arrears have partly come about by a) tenant slipping with payments for whatever reason and b) a mix up with the Housing Benefits office which can be demonstrated to the LL (the Housing association), which compounded the original rent arrears, upon T producing documentation asked for by the Benefits office - this mix-up going back to September. In September the Benefits Assessment Team assessed T as qualified for almost full rent support. The Housing Benefits have since arranged to start paying a proportion of the rent having fixed the mix-up, but the Claim for Possession is still active.

    To make matters worse, the property is in a sub-standard state of repair, which the LL us trying to blame T for. Independent expert advice would suggest the faults lay with the type of build/age and are down to LL to repair. Under the Tenancy Agreement there are at present the mother, a 14 year old boy and an 18 year old pregnant woman due to give birth in Feb.

    Please see a pic of the condition (I won't go into all of it but LL has an obligation to make some serious repairs.

    I have advised T to
    a) produce the letters demonstrating the mix-up, with dates, and any other documentation which would help.
    b) commit to an agreed rental arrears payment plan with the Housing Ass, in writing.
    c)I have advised her not to stop paying rent in the light of the potentially hazardous conditions, but to make a formal complaint with a complete list of faults/hazards to the HA.

    My concern is I do not know enough about what rights T has against a LL when the LL has failed in its duty to provide fit for purpose housing, and when they are in rental arrears as well.

    Anybody got any suggestions on a way forward?

    Many thanksIMG00183-20111217-1226.jpg

  • #2
    Are you sure the HA is not using Ground 8 and has tacked-on 10 & 11 as an "insurance" if Ground 8 were to fail the test?

    Judges do not normally allow 10 & 11 on first time in court if tenant offers sensible proposal to pay arrears.

    Disrepair might be a possible defence but HAs work differently as they are deemed to be Social Landlords rather then Private Landlords. That's probably why they use Assured Tenancies which means they can only use S.8 Grounds to regain possession.

    Other than that I don't have anything else to offer.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


    • #3
      No they have not cited Ground 8 in this notice. I'm not aware of any previous notices. Thanks for your reply. HA have now employed Bailiffs to "enforce removal". Can they do this under a claim for possession which is to be heard in Jan 2012? I would have thought not as the Court has yet to hear the case?


      • #4
        Bailiffs can be engaged at any time but I doubt they can evict without Court Order.


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