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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Urgent advice needed on council tenancy


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Hi,

 

We are currently a council tenant in a maisonette who was told by the council this week that we made the short list for a house.

 

The council came and did the checks on our property as procedure and a verification meeting and then told us this morning that our application had been successful.

 

The house we had been offered is a brand new built property and we weren't told the address beforehand so were unable to view it as there are no sign posts etc in the area yet.

 

We arranged a viewing at lunch time and then was told that we had to make a decision immediately else the property would be offered to another tenant.

 

Being rushed and not wanting to lose the possibility of obtaining a house we said yes and then were taken to sign the documents for the property and handed the keys all in the space of a couple of hours.

 

We've now been given a week to move out of our property but since having a closer inspection of the property we've realised that it isn't suitable especially as we have a baby. The reason for moving was to get a more suitable property for a baby as he's growing up.

 

As its the weekend now we can't get hold of any housing officers to discuss our problem. Is there any way we can ask the housing officer Monday morning and tell them we've changed our mind and could we stay where we are. Would they consider this, or is it too late once we've signed on the dotted line?

 

We are really stuck as we have been really rushed into this so any advice would be appreciated.

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If both properties have Council as LL then I would guess they have several other applicants on the short list for a new build and willing to occuppy at v short Notice

 

What would you do if

1 they failed to release you from the new Agreement or

2 asked you for rent for 1 period (wk/month) on new prop as 'compensation'?

 

Remember if your current maisonette was privatly rented you would be required to give pres 1 month Notice.

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jakena,

 

first things first, ask the question, ask the council and tell them your problem with the new house, if you cannot get anywhere with them on this, but do try first, they may sort out, but if not, ring your local councillor straight away and explain to him/her, they can do wonders,

hope this helps. totiesquoties.

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totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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We would have done that, but we didnt get to sign the house until last thing on Friday. Now the council offices are all closed and we can't contact anyone until Monday morning which means if we're forced to move we'd lose a whole weekend of moving. We were hoping if anyone knew where we stood legally. If not, we're just going to have to hope they'll be sympathetic to us, they haven't been put out much, The weekend would have only gone by and nothing would have been done yet with our property.

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You can but ask.

 

For what reason is it unsuitable for raising a child?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Hi

 

agree with all advice given there is nothing to loose in asking them that question.

 

Also you were rushed into veiwing and signing this agreement at the same time which if you ask the Council for a copy of there lettings/Exchange policy/procedure as you are supposed to be given a certain time limit from viewing the property (to decide if the porperty is suitable for your needs) to signing the tenancy agreement.

 

The Council right at the start of this should have fully explained the procedure to yourself from viewing, signing new tenancy agreement, time limits for moving from old property to new property etc if this has not been done then the council would be in breach of its own policy/procedures

 

Hope this helps

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We would have done that, but we didnt get to sign the house until last thing on Friday. Now the council offices are all closed and we can't contact anyone until Monday morning which means if we're forced to move we'd lose a whole weekend of moving. We were hoping if anyone knew where we stood legally. If not, we're just going to have to hope they'll be sympathetic to us, they haven't been put out much, The weekend would have only gone by and nothing would have been done yet with our property.

 

if you google and type speak to a councillor on housing it brings up councillors you can speak to on the telephone if you cannot attend their surgery, as many have on saturday mornings, depending on what area you live, hope this helps t.q.

:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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