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Jocw

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  1. I didn't put a link into my comment I suspect its something "clever" in the web coding that assumes. In this context clearly I refer to the Housing Ombudsman.
  2. I have been engaged with my LA for over 2 years on water charges, indeed everytime they send a bill. I have my first complaint with the Ombudsman. My interest in my charging came from an Ombudsman ruling pertaining to water resale with the Borough I live in. A few weeks ago when I became aware of the Southwark ruling I asked the council about the impact and await there response. In my case its about getting a water meter fitted denied but slowly as more of the picture comes to light it seems that no is not always the answer they give. Secondly its about a leaking pipe on LA land that went un-noticed for over a year and for which the LA has a liability as landlord. Finally its the LA as a reseller of water to its tenants on my estate. So far have managed one refund for 150+ properties. What has been interesting in my case is the LA's failure to answer promptly its always unduly protracted and I have also involved the Information Commissioner. Over the two years I have been chasing this on behalf of our Tenant and Resident Association there has been a 100% turnover in the staff dealing with water resale within the LA. Your water charge if resold should not be part of your Service Charge it should be a distintinct item you are billed for. OFWAT has a guide on the information you are entitled to be provided with from you reseller including if they estimate then reconcile your bills yearly. The main lesson I take from my experience is don't give up, the more they attempt to frustrate you the greater the chances are your argument is correct.
  3. This is making some sense now as to difficulty. Did you & your partner move in with your partners mother? Was this your only address or property?. These can all impact on the decision over inheritance. So if your partner & you had a permanent address elsewhere, then your partner moves in with their mother. The council may well have terms that would indicate that your partner has a permanent address with you and not their mother. This may fall foul of the rules. If none of this was declared when a claim for succession was being pursued this may bring the mother in breach of her terms of tenancy. However, your partners mother, if still in residence at the property, provided she has not breached her terms, would seem to have continuing rights of tenancy. As for mental health issues does your partners mother have someone who has power of attonery to act if required? Just to also lend clarity. Passing on a tenancy passes obligations for housing on to the successor. It does not confer title or possession of any individual property.
  4. It can be the case that you have a contract that is in two parts. The first is the signed Tenancy Agreement. This will refer to and seek to include the second part, a Tenancy Handbook. Normally the Tenancy Agreement is updated less frequently than a Tenancy Handbook. Though your Tenancy Agreement may have initially been signed in 1985, any new Tenancy Agreement you have signed will be an acceptance of those terms and indicate it is a continuing tenancy. Your Tenancy agreement whenever signed may bind you to accept any future tenancy rules. You need the agreement and a solicitor to confirm. However, you only become 'bound' by new Terms on Conditions on signing of any new agreement or proper notification and recepiet of any new Terms and Conditions. More broadly speaking, I believe I am correct in saying that Contract terms cannot, save for statute, be retrospectively applied. If you need any information on your tenancy agreement you can submit a Subject Access Request under the Data Protection Act. If you have asked the council for a copy of the tenancy Terms & Conditions and they have not supplied you with them. You could argue that you do not have "Equality of Arms" and ask the court to defer the case until the council complies. There are also statutory obligations that crop up from time to time that would form part of the T&C's. Either way getting a solicitor or legal advice is recommended.
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