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llc

urgent can council really do this????

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I am in a seriously compromised housing situation and am very concerned my four children and I are going to be evicted from our current council home within two weeks. The house itself was cohabited with my ex partner who left in Oct 2012, he was/is the sole tenant.

 

At the time of the signing for this property 4 years ago (which was a mutual exchange from a 1 bed flat) I thought a joint tenancy would have been drawn up, but it was not. The housing office said no, as it was an exchange. This did concern me but I failed to go any further enquiring. Had we been made aware of how important it is for non married couples.......did the housing officer fail here?

 

When we split up last October, I applied for all relevant benefits, notified all relevant people. As did my ex.

 

The housing benefit application was found ineligible which I was never notified of .....and only the last fortnight become apparent....as court papers for outright possession for rent arrears was hand delivered a couple of weeks ago.

 

My ex partner went to court this Tuesday 24/10/13 and his tenancy has been ceased, he paid £1400 towards the arrears that day and has come to a £400 per month agreement. I am classed as squatting as are his children. The council are willing to house me in another house if I'm not allowed to reside in this, the family home. How and who comes to this decision I don't know.

 

I feel completely failed by them for not safe guarding this sort of thing from arising and not contacting my ex partner or myself regarding the building arrears. It was all preventable, I cant see sense in uprooting a family when we are suitably housed, and settled. Surely the children's welfare is important here?

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Hello there.

 

Do you know where all the letters about the arrears were sent to?

 

Have you spoken to Shelter about this? 0808 800 4444.

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No letters were sent that's what is shocking no contact about the sudden stopped rent payments, no letter stating housing benefit was denied, no phone calls to either of us for 10 months??

 

Then no notice just instant court papers for outright possession.

 

Im baffled and in despair.

 

I have a solicitor meting on the 9/10, via CAB .

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I am in a seriously compromised housing situation and am very concerned my four children and I are going to be evicted from our current council home within two weeks. The house itself was cohabited with my ex partner who left in Oct 2012, he was/is the sole tenant.

 

At the time of the signing for this property 4 years ago (which was a mutual exchange from a 1 bed flat) I thought a joint tenancy would have been drawn up, but it was not. The housing office said no, as it was an exchange. This did concern me but I failed to go any further enquiring. Had we been made aware of how important it is for non married couples.......did the housing officer fail here?

 

When we split up last October, I applied for all relevant benefits, notified all relevant people. As did my ex.

 

The housing benefit application was found ineligible which I was never notified of .....and only the last fortnight become apparent....as court papers for outright possession for rent arrears was hand delivered a couple of weeks ago.

 

My ex partner went to court this Tuesday 24/10/13 and his tenancy has been ceased, he paid £1400 towards the arrears that day and has come to a £400 per month agreement. I am classed as squatting as are his children. The council are willing to house me in another house if I'm not allowed to reside in this, the family home. How and who comes to this decision I don't know.

 

I feel completely failed by them for not safe guarding this sort of thing from arising and not contacting my ex partner or myself regarding the building arrears. It was all preventable, I cant see sense in uprooting a family when we are suitably housed, and settled. Surely the children's welfare is important here?

Yes I am afraid the Council are in their rights to get pocession of the property, you are not the Legal Tennant, your ex is. My daughter has just gone through a similar situation, she was the tennant but her ex refused to move out, so she moved out, she called the police on several occasions to have him removed, they could not do anything either, saying it is his home and to go to court for pocession. She could not afford to go to court so the Council did and got him removed from the property as he was classed as a squatter also. The Council did rehouse him after a time of being homeless. Sorry to be the bearer of bad news.

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Hi llc,

 

I am sorry you are going through this.

 

As the council have said they are "willing" to house you, in another house if not the one you are currently in, I think you should try and speak to your local councillor as soon as possible. If you go to your local authority's website this will give you the name of the councillors for your ward. You can then check if either of them are on the housing committee and, if so, that is the one to call first. It's clearly unfair to put your children through this move if it can be avoided.

 

Some councillors are very good in these situations. If the first one doesn't seem helpful then try another one.

 

DD

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And also speak to social services, Children and families, as you say the welfare of the children is paramount. Don't worry about "social workers" - this time they will be on your side.

 

Tell your local councillor and or/MP what is going on. You will be homeless through no fault of your own. These are not your rent arrears. You are not the tenant. However, it is stupid of the Council to remove you from this property, and rehouse you - what about the cost of it, never mind disruption.

 

And yes, Shelter for some advice on how this situation arose. They will be quicker than CAB. But you need to do this quickly. Fingers crossed for you.

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