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Rent arrears & threat of eviction

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6 months 1 week ago #291169 by Juddermeister
Rent arrears & threat of eviction was created by Juddermeister
Are you able to claim UC if you own a property??

I am currently 1200 in rent arrears, facing court action for not payment of rent. It's not that I am not paying it..... I'm just not setting up a dd for them to receive the money every week.

I throw 500 - 1000 at it every month depending on finances...... Which are extremely tight.

Was evicted Feb 2023......moved to HA flat in May.... During that period of homelessness I lost my housing benefit, so when I moved to the new flat I had no means of paying for it.... Told I had to claim UC.
I receive DLA low rate & middle £400 & still receive IR Esa which is almost £800 a month - 1200
rent is 500 leaves 700 to cover everything else.... Which I am finding impossible to achieve, or am I not trying hard enough.

I have two teenage kids, who spend 1/3 of term with me & half of all holidays....... This has decreased since I was evicted and they don't want to be with me in the flat..... It's mostly me there on my own. I feel stuck in a position of hopelessness.

When I have the kids I usually spend time at mums as she has the space etc...... Before I was evicted from my bungalow I taught music from home.... Since that day I've not worked and now in a flat it's not something I think my neighbours would be ecstatic about, plus it's just not set up for it. Plus honestly I am too depressed to think about starting teaching again. Life has become kinda pointless with no real direction or hope for the future.

I am considering giving the flat up.....moving to my mums. Am I being daft? I seem to spend most of my time there recently.

Completed recent Wca and returned it - only four months late!! So I am expecting them to cease paying at some point? I'm amazed I still receive Esa......my diagnosis of Narcolepsy with Cataplexy, leaves most people with a confused look, the DWP have no clue. Even though they have recieved years and years worth of evidence, me winning a tribunal..... I am still fighting now, to get them to award me support group status..... Time will tell I guess? I thought I had it already... Turns out not!! Also surprised to discover I am receiving IR Esa.... Not CB Esa.... Which could have a massive impact on me..... Hence the original question about the property.

Mostly though I am too knackered, sleepy, tired, fatigued to give a shit..... Exhaustion and severe sleep depreciation screws one up in so many ways!! Sorry for the mini moan!!
Mostly needed to know about property and UC.

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6 months 1 week ago #291198 by Gordon
Replied by Gordon on topic Rent arrears & threat of eviction
Jm

I'm not sure from your post where the ownership of property question is coming from so I can only provide a generic answer.

If you own a property and live in it then it is disregarded in regard to UC, if you do not live in the property then any equity in the property will be treated as capital and subject to the £6000 and £16,000 limits.

As an aside, if you are hoping to score for your Narcolepsy and the Staying conscious when awake activity then I have to tell you that you will not score, there is Case Law discounting the condition as meeting the requirements of this activity.

If I have misunderstood your question then please post again.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Charlie

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6 months 1 week ago #291232 by Juddermeister
Replied by Juddermeister on topic Rent arrears & threat of eviction
The property is jointly owned by ex and me..... That's where the kids live with her. Transfer of my share to her never happened, court order never implemented.

In 2012 a final court order states I will get 7.5% upon transfer of my equity to the ex.....so I'm guessing that because I am still on the mortgage/deeds and the transfer never completed I own 50% of the house still, which is more in equity than is allowed.

The waters are muddied as it were even more as I was ordered out of the property by a judge. I can't walk with my equity, or force a sale of the house, not that I would as it's where my kids live.

I can't live there and am now barred from even entering the house because of the position of the ex that it's hers and I can f off!! Charming..... And to think she has been paying £200 per month mortgage payments for the last ten years!! Works full time & claims all child benefits!!

Even with recent increase in rates she is still paying less then I am for my recently acquired 2 bed flat. I am told I should be receiving payment for my 50% she is effectively renting. It is a f**ked up situation... Has been for years, major contribution to my mental health and depression. No way out..... Which has left me having to rely on single rate HB for a decade until I was evicted from property last year. Since then I am financially crippled.

Regards to N&C I was hoping to score for bowels, gut problems, mobility problems, understanding instructions, social issues, severe risk of injury if not found? Something similar to that??

I'm surprised that case law has removed the staying conscious when awake element for Narcolepsy - somewhere I have a judges comment where he states that the applicant appeal is not allowed (something to do with fatigue and falling asleep in relation to cancer and drugs) & he explains that the appeal is dismissed because the only way it is possible to lose consciousness as it were and 'fall asleep whilst awake' is if you had some specific disease like Narcolepsy & therfore the appeal was dismissed. I used that paragraph in my Esa tribunal back in 2018.

Anyhow I think I've rambled on enough..... Hope you understand the situation a little more now?

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6 months 5 days ago #291262 by Gordon
Replied by Gordon on topic Rent arrears & threat of eviction
Jm

We can't offer further advice on ownership or not of this second house, you need to get face-to-face advice from someone qualified to go through the associated documentation. See

advicelocal.uk/

Regarding the Staying awake activity, the Case Law for this is available on the following page.

wcainfo.net/activities/consciousness-during-waking-moments

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Charlie

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6 months 3 days ago #291368 by Juddermeister
Replied by Juddermeister on topic Rent arrears & threat of eviction
The whole falling asleep whilst conscious is not what I would regard as Narcolepsy related though - it is by definition a REM sleep disorder, which is a quite wild and all together different problem - it is not falling sleep!!
I personally think that is probably the "one" most annoying thing about the perception of Narcolepsy.

Episodes of REM sleep intrusion during waking moments is not falling asleep. REM intrusion causes hallucinations both auditory and visual....you are effectively dealing with "REM (dreaming intrusions)" while being awake or conscious which is something that definitely is more serious then nodding off for a nap!!

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6 months 3 days ago #291374 by Gordon
Replied by Gordon on topic Rent arrears & threat of eviction
Jm

My comment does not prevent you from providing an answer based on your Nacolepsy but I would not rely on scoring points for it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Charlie

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