eviction.

teneat being evicted tomorrow.
failed to pay HB when being paid to self.
I asked HB be paid to association as per reg 25/26. HB refused as client was in dispute with Association.

Any help as to how this can be overturned. claim suspended as teneant not been in contact with council and the hold no mandate

I don’t know the position in Scottish law but in England the position would be pretty hopeless.  So, if it was in England I’d post the following.

If eviction is due then the landlord has presumably been granted a possession order by the court.  Housing Associations use this as a last resort.  They will usually go for a possession order on the ground of any outstanding rent due.  Here the court has a discretion and will give the tenant a chance to pay off the arrears.  There is also time prior to the hearing for the tenant to make his own arrangement with the landlord.  Here the landlord will then request a general adjournment of the hearing for the arrangement to be honoured.  However, they will probably ask for costs.

If the landlord goes for the so called nuclear option, 8 weeks or 2 month’s rent due both at the date of the notice and the date of the hearing then the court has no discretion and must grant the possession order.  If the tenant clears the balance before the hearing then no possession order can be made. 

So, presumably, the tenant has been given time and opportunity to make some arrangement with the landlord and/or the court and has not done so or has not stuck to it.  Now the landlord has been granted outright possession and is unlikely to back down at this late stage.  Even, if the tenant found the entire arrears sum by tomorrow his tenancy would have ended and the landlord might not be inclined to grant him a new one.  So, I can’t see a way out for the tenant even if HB were to play ball which they don’t show any sign of doing.

If the position in Scotland is different then please ignore my insane ramblings.

been a while since I have dealt with money advice and therefore rent arrears but the client may be able to get a minute for recall?

see here
  http://scotland.shelter.org.uk/get_advice/downloads_and_tools/jargonbuster/jargonbuster_terms/m/minute_for_recall

thanks guys..
passed that stage Steven