Failed Succession Claim - Trespass Hearing - HELP!

[D Stanley]

Hi, I'd be very grateful if anyone can give me some urgent advice...

 

To outline my situation -

 

I live in a H.A. flat. My mother was the sole tenant, with an Assured tenancy. I moved in with her in 2005 as her carer. Mom died in June last year. Upon her death I applied for 'discretionary' succession. The H.A. refused, I believe unreasonably. I have documentary evidence to support my claim, including a letter of reference acknowledging my residence at the address, from the Housing Officer.

 

The H.A. has threatened to change the locks several times & has issued me with a NTQ twice. They have now issued a claim for Trespass. At the initial hearing, Judge looked at my defence bundle & ordered a 2 hour hearing at the beginning of October. Unfortunately, he seemed a little confused re: Secure/Assured tenancies & mentioned that there is relevant case law that includes interpretations of 'family members' & 'normally residing at', etc.

 

I am aware that the succession rights in an Assured tenancy do not apply to family members other than a 'spouse or cohabitee', but they do in a Secure tenancy. So I'm worried that Judge has this issue confused & was considering my rights under a Secure tenancy.

 

Either way, the fact is that I do not have any statutory or contractual right to succession. My only claim is for 'discretionary

succession' to be granted by the H.A.

 

My defence centres on the fact that the H.A. have not considered my application fairly & that they have disregarded strong evidence that I live & have lived at the property for years. I believe that the H.A. has been constructive in dismissing my claim for succession & has not excercised its dicretion responsibly.

 

So my main question is simple -

 

Is this a viable defence?

i.e. Even if I am able to show evidence & convince Judge that the H.A. has treated me unfairly, does the court have the power to influence the H.A. to change its decision or reconsider my claim? Or is it bound by the fact that, at law, I am a trespasser as I have no tenancy & no statutory/contractual right to succession?

 

I'd be really grateful if anyone can advise me on this urgently as my deadline to file my defence is this Wednesday.

 

I also have another point on which I am considering defending the claim, if anyone has time I'd be grateful if you could also consider this -

 

The tenancy states that it shall terminate upon the death of the tenant. But the H.A. did not terminate the tenancy on my mother's death, they wrote to me on several occassions to say that they would be closing the tenancy off 'soon' & have sent me up to date rent statements. Does this mean that the tenancy is/was still in existence after my mother's death, and if so did I inherit the tenancy? Would this make it a 'devolved tenancy' and would that mean that the H.A. should have issued a claim under Ground 7, Shedule 2 of the Housing Act?

 

As this is a Trespass claim I have no access to legal aid & am unable to get advice from Shelter etc. so any advice will be received with heartfelt thanks. if you do think I have a defence, any pointers to the relevant case law would be really helpful to me.

 

Thank you for taking the time to read this even if you cannot help.

[sir_gilmour]

Hi D Stanley

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[rebel11]

Hi DS

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to the correct forum.