HA have told ex carer of deceased person you now have no rights to the house

[seanamarts]

I do fully get the Picture...

 

In the end,it's her word against HA and up to that person to prove that in Court !

 

If they knew she was residing there they cannot just tell her to leave, she has as much rights as a normal tenant.

[badboy09]

ty for advice can u explain what u ment by " if this does go to court to does not mean the judge will make an order for you to be evicted " ?

 

i have not tried my mp i never considered it , but this might sound daft but what sort of leverage would that actuallly give ?

[45002]

Hi

 

But do you have physical written proof of this agreement that the Housing Association agreed to?

 

Good Question I forgot that one,badboy09 do you have it in writing ?

[badboy09]

Hi

 

But do you have physical written proof of this agreement that the Housing Association agreed to?

 

the only proof she got given was this " your details will be updated on our systems that u are know the new occupant with your occupancy "

 

that was it ........

[caro]

i can understand where ur coming from , but in short terms it boils down to this :

 

1) they give us occupancy of home on the indication that we could stay there regardless, Have you got anything in writing?

2) we leave our private dwelling which they knew we were gonna do Could they have known that the old lady was unlikely to live such a short time?

3) they then change their minds and want house bk AFTER WE had already ended private tenancy , effectivley making us homeless .... Have you asked if you can be placed on a list? Do they advertise their vacant properties that you could apply to live in? (There's a name for this which escapes me at the moment, but try their website to see how they allocate their property).

 

So yes it should be down to them , if they hadnt fed lies to us in first place we would have stayed where we were , rather than have to have the problem we are having , they surely cant just

say oh well CRAP HAPPENS go find another house on ur own accord, we made u homeless but its not our issue to find u a house good day !!!!

 

If you try and see things from the HA point of view, avoid being confrontational, and get them on side, they might be more likely to work with you than against you. Believe it or not they don't take any pleasure in putting people out of their homes and it really is a last resort.

[badboy09]

If they knew she was residing there they cannot just tell her to leave, she has as much rights as a normal tenant.

 

she even offered to pay rent and when she rung up to do so , she got told its not possible as the house has now become VOID on their systems ....

[seanamarts]

If the HA takes this to court, a Judge may decide that eviction isnt an option and will let you stay. Especially if he/she feels that the HA are just being bloody minded, which in my opinion they are.

 

Your MP can have a lot of sway in matters, he can talk to the housing officer and lay a few laws and regulations down in front of them, he/she will basically let them know that it will be very very costly to place you in a hostel and the council have to foot the bill.

[caro]

the only proof she got given was this " your details will be updated on our systems that u are know the new occupant with your occupancy "

 

that was it ........

 

Occupant not tenant. I'm not convinced this is enough, but others may be able to advise if this would be sufficient to help in court.

[badboy09]

If you try and see things from the HA point of view, avoid being confrontational, and get them on side, they might be more likely to work with you than against you. Believe it or not they don't take any pleasure in putting people out of their homes and it really is a last resort.

 

unfortunatley we went down that route and got nowhere ,

in regards to the message above that they and neither did we have any knowledge that her nan was gonna pass away shortly after ,

 

she went in hospital and within a fortnight caught an infection it spread and she passed away ,

in regards to there so called lists ,

they told her she had 120points + which would make u beleive ur top of the list ,

as thats what they told her ,

BUT in reality ,

what they actually do is this ,

they tell u to go register with the council ( who dont have any houses) and then the council tell u that they will be allocated houses from the housing association and then the council hand them out accordingly ,

 

BUT when u go to the council to query where u are on on the list ,

u GET TOLD ur points dont matter as once the eviction date has arrived U lose all points u have had and go straight into a homeless shelter and start again in the waiting queue ........

..and we asked if they had any properties and got told UR IN FAIRY LAND if u think we are just gonna havd out properties just like that what do u think we are lol

[stu007]

Hi badboy09

 

the problem you have with the Housing Associations reply

 

" your details will be updated on our systems that u are know the new occupant with your occupancy "

 

is that they say OCCUPANT and OCCUPANCY they do not mention Tenancy Agreement only that you are a new occupant in that property and nor was the Tenancy Agreement amended to add your names.

 

Therefore you were only an occupant within that property whos Tenancy Agreement for that property was not in your name.

[seanamarts]

Occupant not tenant. I'm not convinced this is enough, but others may be able to advise if this would be sufficient to help in court.

 

When the occupiers of a house are entitled to a privilege in consequence of such occupation, as to pass along a way, to enjoy a pew, and the like, a person who occupies a part of such house, however small, is entitled to some right and cannot be deprived of it.

[45002]

If they knew she was residing there they cannot just tell her to leave, she has as much rights as a normal tenant.

 

But what type of Tenancy was created,if any ?

 

In the end a court is going to ask,did badboy09 partner have this in Writing from HA,before they voluntary gave up there previous tenancy.

 

Or just Jumped the gun and just moved in,which is why I said early on about intentionally homeless and No obligation on council or HA to re house them !

[badboy09]

Hi

 

What you need to remember here is the Housing Association may have giving you permission to move in but the Tenancy Agreement for that Property was not in your name.

 

Even if you tried Sucession I am afraid that would probably fail as you only moved into the property for a short time at your request to the housing association.

 

They havent acutally evicted them yet also what the Housing Association is doing if leading up to eviction as they have to follow correct procedures before going to court for an eviction notice.

 

The letter from the housing association giving them notice to vacate the property on xxxxxx date is the first stage of the process which they must follow.

 

If they do not leave by the given date then the housing association has to apply to the courts for an eviction.

 

Irrespective of this I would really advise you to speak to Shelter on this as it does seem like whatever the outcome the housing association is intent on evicting you from the property.

 

So please look up any and all housing association in your local area if you can and get as many housing applications filled in to get your name on as many housing lists as possible.

 

sorry for late reply to this thread stu only just seen it lol IN REGARDS TO UR LAST POINT we have tried this but the area we live in has a 6-10 yr waiting list , and the surrounding areas are not much shorter

[seanamarts]

If the HA were aware that the OP's partner was living there before her nan died, regardless of whether there was a tenancy agreement or not, they cannot just turn up and kick her out, they have to give notice and go through the proper channels, ie notice of possession, then court etc.

They have recognised her as an occupier.

[badboy09]

But what type of Tenancy was created,if any ?

 

In the end a court is going to ask,did badboy09 partner have this in Writing from HA,before they voluntary gave up there previous tenancy.

 

Or just Jumped the gun and just moved in,which is why I said early on about intentionally homeless and No obligation on council or HA to re house them !

 

this is abit of a jam situation , they never actually gave my partner any documentation of this occupancy , it was all lword of mouth from the person who she spoke to on the phone and even then she didnt get her name , she didnt feel she needed to at the time

the only letter they actually did send her was a letter saying thankyou for the letter off her nan saying my partner was gonna be moving in and could they have the exact date , nothing more , my partner gave them the date

and they said ok ur now on the occupancy we will update our systems .....

[45002]

Hi

 

I really do think you now need to put your energy into looking at alternative accommodation as without written evidence its your words against there's.

 

I fear in the this is the only option Now for the OP and Family and they should start searching this morning before it's to late !

[badboy09]

If the HA were aware that the OP's partner was living there before her nan died, regardless of whether there was a tenancy agreement or not, they cannot just turn up and kick her out, they have to give notice and go through the proper channels, ie notice of possession, then court etc.

They have recognised her as an occupier.

 

they are in the process of doing this , but i want to fight this IF they do rehouse us they are just gonna give us ANOTHER HOUSE OF THE SAME SIZE a 3 bedroomed , but are we allowed to turn up in court with a solicitor and fight this ? or do we just stand out ground and refuse to move on 2nd july , because an earlier post said that they can just change the locks as it wasnt actually a tenancy , but if we are in here with kids then can they still do that ?? without taking it to court ?

[caro]

If it goes to court you have every right to go - with a solicitor if you can afford it. You may just be delaying the inevitable though. I don't know your financial circumstances, but you may be wiser to keep that money back for a deposit.

 

I don't know if it would take as long as 28 days to go to court.

[seanamarts]

I fear in the this is the only option for the OP and Family...

why is that,

It is going to be more costly to move the OP and the family out, getting them into hostel accommodation.

The family move out and the HA has to pay out to redecorate the property ready for some one else to take over, not to mention the admin costs, court cost's that they first have to pay out, which they may also lose.

Not to mention the bad press that they may receive.

 

The OP hasnt broken any laws. The house wasnt empty and awaiting another occupier.

 

As I said the HA is being bloody minded and I feel have not thought this through, but have just had their noses slightly placed out of joint because it wasnt done in the 'normal' manner.

[badboy09]

i will go and see our local mp tomoz and give u all an update tomoz also and we will see where we can go from there

[seanamarts]

If it goes to court you have every right to go - with a solicitor if you can afford it. You may just be delaying the inevitable though. I don't know your financial circumstances, but you may be wiser to keep that money back for a deposit.

 

I don't know if it would take as long as 28 days to go to court.

 

Any eviction is 28 days

[caro]

why is that,

It is going to be more costly to move the OP and the family out, getting them into hostel accommodation.

The family move out and the HA has to pay out to redecorate the property ready for some one else to take over, not to mention the admin costs, court cost's that they first have to pay out, which they may also lose.

Not to mention the bad press that they may receive.

 

The OP hasnt broken any laws. The house wasnt empty and awaiting another occupier.

 

As I said the HA is being bloody minded and I feel have not thought this through, but have just had their noses slightly placed out of joint because it wasnt done in the 'normal' manner.

 

Just playing devil's advocate here, but what about those who have been waiting for years as the OP has indicated. The HA would recoup their costs, and it depends on the state of the property what works would be needed to get it up to scratch. Even if the OP stays there, they may have to do work on it if there are problems.

 

Media may be an option as may contacting your MP.

[seanamarts]

i will go and see our local mp tomoz and give u all an update tomoz also and we will see where we can go from there

 

Good luck!

[caro]

Good luck from me too.

[seanamarts]

Just playing devil's advocate here, but what about those who have been waiting for years as the OP has indicated. The HA would recoup their costs, and it depends on the state of the property what works would be needed to get it up to scratch. Even if the OP stays there, they may have to do work on it if there are problems.

 

Media may be an option as may contacting your MP.

 

What if the nan hadnt passed away when she did, the OP and familiy would have been placed on the tenancy eventually.

As it is the OP gave up a 1 bed room flat, so some one else has benefited, plus the fact the 1 bed would have been over crowded and the OP would have been given a 3 bed any way. If the HA and council are that much concerned about the lack of housing etc then why have they allowed the nan to be in a 3 bed in the first place.