Workers Revolutionary Party

Landlord seeking ‘Benefit Cap’ possession orders!

Demonstration against the hated ‘Bedroom Tax’ in Norwich

Demonstration against the hated ‘Bedroom Tax’ in Norwich

HOMELESS charity Crisis yesterday condemned letters telling tenants in Haringey that ‘social landlord’ Genesis is starting eviction proceedings because it does not think they will be able to afford its rents due to the government’s cap on benefits.

The letter from Genesis was in response to welfare cuts in the north London borough, where along with Enfield, Croydon and Bromley councils, the government’s overall cap on benefits is being trialled.

Duncan Shrubsole, director of policy at Crisis, said: ‘We are very worried about the impact of the range of cuts to benefits that are hitting households across the country, including the overall benefit cap.

‘Councils are stuck between a rock and a hard place in helping tenants and residents adjust to these cuts imposed by central government.

‘Many are considering displacing hundreds of their tenants far away from where they have built their lives – away from families, schools, friends and support networks.

‘Hardship, tough choices and ultimately homelessness will undoubtedly result.’

In its letter to tenants, dated 11 April 2013, Genesis warns: ‘As you are aware there are significant changes being currently introduced to the welfare benefit system.

‘Some of these changes affect the way that the housing benefit is calculated which means that some tenants will no longer receive a maximum entitlement to housing benefit even if they do not work.

‘In view of the changes, Genesis may need to return some of our properties to their owners.

‘This is because our tenants may not be able to afford the rent that we charge.

‘However, Genesis is working very hard with our partner Local Authorities to manage this process very carefully.

‘The Local Authority that referred you to your current accommodation advised us that your property will be affected by the changes to benefits.

‘I understand that you were also contacted by Haringey Council in this matter.

‘In view of this Genesis will now need to start legal proceedings to obtain a Possession Order on the property as we may need to terminate our lease with the property owner early.

‘Under the terms of the lease we are required to obtain a possession order to ensure that we can return the property with vacant possession.

‘Your tenancy is an assured shorthold tenancy and in order for us to obtain a possession order we need to issue a claim for possession of property at the County Court.

‘You will receive a form from the court asking if you think that there are reasons that you think why the court should not make a possession order.

‘If you wish to make a defence you can get advice from a solicitor, Citizens Advice Bureau or Law Centre and complete the defence form within 14 days of receiving it.

‘Generally, the court will make a possession order without a hearing.

‘If the court decides that a hearing is required they will write to you and tell you of the date so that you can attend the hearing.

‘When the court makes a possession order, it will tell you when you have to leave the property.

‘This will usually be within 14 days of the order.’

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