In June this year, we were approached by Ms X who sought our advice after her social housing landlord issued possession proceedings against her on the basis of rent arrears.

Ms X, who has learning difficulties and is illiterate, had her housing benefits stopped as she was unable to complete a review of her circumstances and file it with the local authority. Thereafter, Ms X fell into arrears and possession proceedings were brought against her.  We identified that this was the cause of her arrears after analysing her benefits file.  Ms X was not aware that her housing benefit stopped for this reason, and believed it was an error when switching over from income support to universal credit.

We instructed Counsel on Ms X’s behalf to represent her at the upcoming possession hearing. At the hearing, the Judge agreed to vacate the hearing to allow us time to arrange a back payment of housing benefit with Ms X’s local authority for the period when the benefits were stopped.  After the hearing, we were also able to agree with the opponent to adjourn the claim generally on the basis that Ms X would set up a direct debit to start to pay off the arrears, and would take steps to obtain the back payment.

We wrote to the local authority’s benefits team who rejected the back-payment request. We wrote appealing the refusal, and the appeal was successful. The housing benefit back-payment was made direct to Ms M’s rent account. She has now paid off her rent arrears in their entirety and remains in possession of her property.

Ms X was represented by Thea Grattidge in the housing team.