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miss spooky
04-03-2010, 16:53 PM
Hi,

I am asking for a friend. She is in Housing Assoc. property. Pays rent. She has rent arrears and the arrangement via the court was to pay £50.00 pm on top of her normal monthly rent to clear arrears.

Four times this week the HA have called her asking her to pay more money, they keep telling her that she is in breach of her tenancy agreement & if she doesn't clear balance of arrears or pay them more money they will start eviction process.

She advised them that she is aware she broke TA, but as they have already taken her to court & the court agreed and amount to clear the arrears then there is no more they can do. She hasn't missed a payment since the agreement started when she received conf from the court.

Is this right? If they want more money do they have to go back thru the court or can they just demand more - which sort of defeats the court order in the first place...

Regards

Paul Gibbs
04-03-2010, 17:43 PM
If the court order provides that the arrears are to be cleared at the rate of £50 per month then as long as she is complying with the order they cannot take further action against her.

If she was late with payment, or failed to pay the rent when it became due that is a different matter.

If the housing association is not happy with the payment schedule then it is up to them to make an application for a redetermination hearing.

miss spooky
04-03-2010, 18:17 PM
Hi Paul,

Thank you for that. I didn't think they could just expect her tp pay more ontop of a court order. I'll let her know.

Many thanks.

havensRus
04-03-2010, 21:44 PM
sounds to me like the sort of bully-boy tactics that so called debt collection companies use. call their bluff.