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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
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    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Shared Tenancy Agreement - one party leaving


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Hi

 

I have a shared tenancy agreement with my housemate. We both equally paided the deposit over 6 months ago, to the agency and have confirmation that the deposit is registered with the Dispite Service Ltd. My Housemate has now moved out giving plenty of notice at end of the 6mth SHT. She wrote to me and letting agency giving noitice to vacate the property. I am staying in the property.

 

The letting agency states that "they can only accept notice is both parties provide notice and vacate. If my house mate wished to leave the agency are unable to return the deposit to her and its is fine me to give my ex housemate her share of the deposit, she needs to confirm this in writing to the agency. Unless i am prepared to sign a new contract in my name then my ex house mate will still be liable.

 

1) Who should pay the deposit back to my ex housemate? Me or the letting agency?

 

I have a letter from her solisiter saying i she paid me the deposit and i have to pay her back.

 

2) In regards to the Tenancy agreement what happens to that now my houemate has moved out?

 

Cheers

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Hi

 

I have a shared tenancy agreement with my housemate. We both equally paided the deposit over 6 months ago, to the agency and have confirmation that the deposit is registered with the Dispite Service Ltd. My Housemate has now moved out giving plenty of notice at end of the 6mth SHT. She wrote to me and letting agency giving noitice to vacate the property. I am staying in the property.

 

The letting agency states that "they can only accept notice is both parties provide notice and vacate. If my house mate wished to leave the agency are unable to return the deposit to her and its is fine me to give my ex housemate her share of the deposit, she needs to confirm this in writing to the agency. Unless i am prepared to sign a new contract in my name then my ex house mate will still be liable.

 

1) Who should pay the deposit back to my ex housemate? Me or the letting agency?

 

I have a letter from her solisiter saying i she paid me the deposit and i have to pay her back.

 

2) In regards to the Tenancy agreement what happens to that now my houemate has moved out?

 

Cheers

 

Can you just clarify... did your housemate leave at the end of the fixed term (at the end of 6 months), before the pereiodic started?

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Then unfortunaltey the letting agents are spot on, your house mate couldnt end the tenancy on their own at the end of the fixed term, it would require both of you to have served notice. The earliest that your house mate could have left by serving an individual notice would be at the start of the periodic to leave after 7 months. If you wanted to you could require your house mate to pay for this additonal month if you where inclined to do so as they are still liable.

 

I think you need to speak directly to DPS and see what is going to happen, your ex-house mate is going to be in their rights to request the deposit bacck from DPS now. Either way you are going to be left with having to find a replacement 50% deposit.

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I have spoken to the agency today, and as i thought they would not go with another option i thought of which was to pay them half of deposit and them and they pay the ex housemate the half. As as you state the deposit is held with the DPS scheme so they refused to pay the ex housemate

 

The agency did say that she would have to confirm in writting that this has been done and she is happy that i am resposible for the full deposit.

 

1) my worry is i am relaying on her to send this letter and i end up paying her the half and then when i eventually leave i will only only get half deposit back?? I have no evidence that i have paid her.

 

2) there is also the matter of the outstanding utility bills that we have accounts with jointly. I am going to pay my half and have given the utility companies details of my housemates solistors for billing

Edited by Bushbabie
forget to put something on
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Yes, definatley dont pay anything till you have proof that all the bills are paid up. To be honest i would sit tight for a minute and not do anything.

Are you on good terms with your ex housemate?

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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