Jump to content


Single Lady NO ARREARS being evicted by Council


seelllyfirst2
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5253 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good Morning ,

 

I am writing this on behalf of my Aunt who is facing a Eviction order by a Council. Story is horrible as the Council have not had any compassion at all.

 

My Aunt is at wits end. She has lived in the same house for 3 decades and following the Death of a Parent the Council have served a notice to quit purely because thes kind East End people were not advised 20 years ago of the succession rights to a Tenancy Agreement. My Aunt has paid every rent has never had any arrears , any debts or complaints.

 

Basically they are turfing her out and have given her no where to go. She has tried bidding on properties in the area but the only property offered a dingy flat on the 5th ffloor of a block with no lifts.

 

She was given a hint of a change in this c**p attitude of the Council at a previous hearing by the Court Only to have this removed by pressure applied during last hearing. the Council have demanded costs if she does not drop her defence to the eviction order and the glimmer that she would get Legal Aid was taken this week when she was refused Legal Aid.

 

Has anyone else suffered this pressure ,my Aunt is so worried as she has never faced anything like this in fact she has decided to give up if we cannot find someway to help. She earns a pittance has no savings , was granted first stage of Legal Aid then suffered the dramatics of the Court apppearance then the Legal Aid taaken away.

 

She is now being forced to drop this fight as she has no funds to fight it.It seems that it is not in the interest of JUSTICE to help her. She faces Eviction on the next hearing and will be unrepresented. Really need any help from any of our Legal experts on this.

 

Please note this is a 50s something Lady who has lost her Parents , does not have savings , earns minimum wage and is desolate at the thought of being homeless.She has lost the will to fight this and the Council have been ruthless in their approach. Even letters asking for help have gone ignored. No other home offered despite her excellent history.

 

Best regards

 

 

 

Best regards

Link to post
Share on other sites

Hi there, has she contacted Shelter? 0808 800 4444

Shelter England - The housing and homelessness charity

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi Ell-enn ,

 

Thanks for your quick reply , as explained in the post my Aunt never believed that she would be thrown out of her home. The Council showed no remorse. We recommended Shelter and she did try to contact them. I have done the same today but they seem to be extremely busy. I could not get through. The cruel part in all this is my Aunt is a timid woman set in her ways and had she owed hundreds or Thousands I could understand but she has diligently paid the rent including full Council tax.The simplest thing would have been for the Council to offer to move her to a nice property and let her continue to be a ideal tenant but no they have humbled her in Court with the costs demand knowing she has little income and no savings.Therefore forcing to drop any case she has and face eviction with nowhere to go.No help whatsoever the draconian powers that have been used against her is unbelieveable. She has been bereaved and since that point that have hounded her. No help whatsoever yet if she had huge arrears the situation would be completely different.

 

 

 

Any advice you can give will be great.Can you buzz this to any other site team members?

 

Best regards

Link to post
Share on other sites

Hi, I do think you should keep trying to get through to Shelter - they'll surely answer at some point.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Can you get your Aunt's local MP involved.

 

This is absolutely disgraceful.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Good Evening ,

 

The local MP tried to help but the Council had no interest in his opinions. You would be absolutely stunned by the lack of sympathy or help. These people some of whom live in the same area when they enter the Town Hall seem to lose all sense of reality and everything is results based.No complacency no common sense. How did no one on this council just sit down and look at the record and just allow a transfer of accomodation. I am so frustrated over this. Even the 'Local Housing Stock is run on a bidding system they have said she is a C rating on the list and you have to be a A rating to win a property. She has seen been treated so badly. Here is a lady in a spotless house , no debts , no arrears anything.And no one on the Council , Housing , Social Services nobody has even given her any courtesy. The same is now being repeated with the Court action. At no time has anybody sat down with her to explain what will happen following the eviction order. She has seen the Theatre of the Court system and believed that someone was there to help only to find that this Credit Crunch has meant that ordinary people are being treated terribly with no legal aid. Yet if someone right at the beginning had tackled it fairly and arranged a simple transfer of accomodation a considerable amount of time and cost and unhappiness would have been saved.

perhaps you can see where the frustration is coming from.

 

Best regards

Link to post
Share on other sites

i had a next door neighbour who had the same problem

 

he lived at home with his mum in a council house, the mum died and the council tried to evict him.

 

in this case i agree with the counil as it was a three bed room house and a single person

 

but

 

the council put him with a local housing authority who rehoused him in a 1 bed flat

 

every body happy

 

why are the council not following this line

Link to post
Share on other sites

Hi

 

If your Aunt has been in the property for 3 decades, couldn't she use the protection from eviction Act 1977 (I think)?

 

Surely she is a Rent Act Tenant and not a Housing Act Tenant. I've seen cases where Rent Act Tenants are being evicted using the Housing Act, which is clearly not correct - You have to be sooooo careful and know which laws apply to your tenancy.

 

Most courts have a duty solicitor who deals specifically with repossession - contact your local court - this person should be able to represent your Aunt - point out the Rent Act and see if it applies.

 

Without more detail, I can't think of how else to assist.

 

But, I hope this points you in the right direction.

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

Link to post
Share on other sites

Thanks

 

the whole crux of the matter is that Mother and Father took over tenancy over 30 years ago. Father passed away 20 years ago Mother again a totally honest person attended Council offices to inform them of death. Aunt attended and asked about being placed on Tenancy.Assured that she would have right of succession if anything happened to Mother.

 

Mother took seriously ill and Aunt contacted Council knowing Mother only had short time. The Council refused to allow Aunt to stay dismissing the claim to succession. Based this on being unable to decipher the signature of the person who handled the matter years before. The Council stated that on the death of Father the Tenancy was passed to Mother!!

She was already on it. Asked for papers or documents re the Tenancy and council could not provide Tenancy agreement stating that perdon who set it up had passed away. Therefore insisted that the Tenancy was in Fathers name alone.Think about it 2 married London People moving into new home both paying the rent.

 

The Council after many meetings passed the buck to a commitee and the decision was made that depite the assurances of succession she was to be evicted and Aunt denied her lawful rights.Then came denial of legal Aid only it is now Funding?

Link to post
Share on other sites

Hi

 

It may be worth familiarising yourself with the information contained below and asking a solicitor if any of the information applies in your Aunt's case....

 

http://www.parliament.uk/commons/lib/research/briefings/snsp-01998.pdf

Protection from Eviction Act 1977 (c.43)

Rent Act 1977 (c.42)

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

Link to post
Share on other sites

Good Afternoon applecart ,

 

Thanks for this I am going through it and will hopefully discuss with Shelter etc The Parliament notice is useful but the Council are relying on the fact that they will not grant succession to my Aunt. They will not even give her the comfort of some indication of what they will do after the eviction. She is so worried as there is nowhere for her to go.

 

We are contacting Shelter but I am really concerned that my Aunt has given up on this and has become withdrawn and it is clearly affecting her health.Will keep you updated.

 

Best regards

Link to post
Share on other sites

Forgot to confirm that the Council have the power to grant succession or provide alternative accomadation. They state that the fact that she does not have succession rights this entitles them to evict her.She has never refused to move.She has paid the Rent since the bereavement which they happily accepted yet they have offered her nothing.

Link to post
Share on other sites

I know this seems a little OTT but have you thought about getting the press involved. This story has Daily Mail written all over it. Did you say that the local MP was contacted?

 

I was just thinking the same thing - it's just the sort of story the press would run with I think.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Good Afternoon ,

 

This is something that I have considered and haven now discussed with Aunt.She just wants the matter settled. The pressure has now increased as following the drama of not being granted "Funding" The solicitor who gave her such hope has now liaised with the other Solicitor to issue a Order giving the Council repossession within 6 weeks. They even have agreed that she will keep paying rent but it is now classed as lodging payment and not rent.

 

So within 6 weeks she will be homeless and she cannot fight this as she has no money. The refusal for Funding has again increased the pressure.If the Council had just offered other suitable accomodation she would have moved.No fuss no pressure.

I will discuss this Newspaper route but as I mentioned earlier I feel that she has given up as she cannot beleive how badly she has been treated. I will also find out more about this order tomorrow but it basically signs away any rights.

Link to post
Share on other sites

No we are going the Shelter route first as the Law seems to be down on ordinary people when it comes to eviction and the Law Centres will be faced with the same lack of Funding. Just talked to Council and they are not prepared to help in any way and want her out. they suggest to move in with relatives or Rent private!!! Not even prepared to offer a 1 Bed flat.

Link to post
Share on other sites

The council won't have a choice but to help as she isn't making herself intentionally homeless..they are.

 

These are hard cases to fight but you have to stick with it and not budge an inch until she is offered a suitable home.

 

As another poster pointed out it is unfair to have properties occupied by succession when it's only a couple or a single person living in a 4,3, or 2 bed property but the council could easily agree to an exchange.

 

I've seen a few cases where the council have done the same to disabled and vulnerable people that have lived in the property all their lives and it's taken publicity to make them back down.

 

Don't back down...the only way is to make a nuisance of yourself..call them or go to the offices every day..There are too many people playing the system that are making it harder for people such as your Aunt to get a place to live.

 

I'm off track but was disgusted to hear that someone I know was offered a flat within 2 weeks by pretending to be part of a same sex couple, whilst someone else I know has been waiting months despite being a married couple and expecting a baby. Something to do with statistics and political correctness on the councils part?

 

Stick with it...

Link to post
Share on other sites

  • 1 month later...

Good Morning , Thanks for the contact and to update everyone , the Council gave no assistance but we managed to sort out a flat and during the last month have decorated it and moved her. She is still very upset but she seems to coping but I still cannot believe the attitude of the people who took her to Court to evict her:

 

Anyway There has been some good advice given on the site and my Aunt and I appreciate that

 

Best regards

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...