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Friend worried about being evicted


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Hi everyone a friend of mine who has recently split from partner and is living in 4 bedroom house is worried about being evicted.Her housing benefit is sorted and everything but she has received a letter from landlord (midland heart) and she's worried they may won't to evict her because has is too big just for her

 

She is willing to pay bedroom tax from some savings so can landlord still evict her?shes been there for over 20 years and doesn't want to move

 

Thank you

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Her Partner has spoken to landlord and landlord said if her partner wants to have a flat then they will evict her from get house because it's too big for just her

 

I have not heard of this happening, especially if there are no arrears. I suggest she speak to midland heart herself. I think perhaps her ex may be mistaken.

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She's in no arrears,she rang midland heart earlier but the person who she needed to talk to wasn't available so lady on the phone said she would check but couldn't find any messages on screen about my account

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Hi phil76

 

Could you please clarify whether the Tenancy Agreement for the property is in Joint Names, Ex Partners Name Only or in Her Name Only this is important?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi everyone a friend of mine who has recently split from partner and is living in 4 bedroom house is worried about being evicted.Her housing benefit is sorted and everything but she has received a letter from landlord (midland heart) and she's worried they may won't to evict her because has is too big just for her

 

She is willing to pay bedroom tax from some savings so can landlord still evict her?shes been there for over 20 years and doesn't want to move

 

Thank you

 

 

 

Can I ask when did the tenancy 1st start,the date and do you know what type of tenancy it is ?

 

The date the tenancy 1st started is very important to see which act of parliament the tenancy is governed by ?

 

as she been there over 20 years.

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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She's in no arrears,she rang midland heart earlier but the person who she needed to talk to wasn't available so lady on the phone said she would check but couldn't find any messages on screen about my account

 

I wonder if someone's been telling porkies.

 

Others can advise better but something doesn't sound right.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Hi phil76

 

Could you please clarify whether the Tenancy Agreement for the property is in Joint Names, Ex Partners Name Only or in Her Name Only this is important?

 

It was in joint names until recently (from 11 Feb I think)now it's just in her name

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Can I ask when did the tenancy 1st start,the date and do you know what type of tenancy it is ?

 

The date the tenancy 1st started is very important to see which act of parliament the tenancy is governed by ?

 

as she been there over 20 years.

 

In just her name it's been from 11th feb

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In just her name it's been from 11th feb

 

If she been there over 20 years,

 

When did she 1st move in, what year ?

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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1992

 

Then she more than likely has a Assured tenancy, the HA cannot evict here unless she gets into rent arrears or her tenancy has been demoted .

 

She is under No obligations at all to sign a new tenancy agreement that would sign away her existing rights .

 

If you saying she signed a TA 11th February this year,I would get her to take it to some where like CAB or a local law centre to get the TA checked out making sure HA have not pulled a fast one !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Then she more than likely has a Assured tenancy, the HA cannot evict here unless she gets into rent arrears or her tenancy has been demoted .

 

She is under No obligations at all to sign a new tenancy agreement that would sign away her of her existing rights .

 

If you saying she signed a TA 11th February this year,I would get her to take it to some where like CAB or a local law centre to get the TA checked out making sure HA have not pulled a fast one !

 

She hasn't actually signed anything just done it over the phone.Thank you so much for your help she's really worried at the moment

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She hasn't actually signed anything just done it over the phone.Thank you so much for your help she's really worried at the moment

 

Someone should go with her on Monday, so HA don't try to trick her or tell her she must do this and sign that .

 

If they do try to get her to sign anything say where going to take it to CAB or local law centre to be checked out 1st...

 

Keep CAG posted ...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Someone should go with her on Monday, so HA don't try to trick her or tell her she must do this and sign that .

 

If they do try to get her to sign anything say where going to take it to CAB or local law centre to be checked out 1st...

 

Keep CAG posted ...

 

Thank you so much for your help

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Something else you need to check with the Tenancy Agreement you have had for some yrs, is there any clause on it about Under Occupation?

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Something else you need to check with the Tenancy Agreement you have had for some yrs, is there any clause on it about Under Occupation?

 

I doubt it very much that would hold up on a Assured tenancy if the HA ever went to court to get a possession order, yes on newer tenancy maybe but this tenancy is over 20 years old .....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Friend went to the appointment today and they said same thing that if her partner doesn't move back in then they will take house off her because it's too big for one person,she doesn't want to lose house!!

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Friend went to the appointment today and they said same thing that if her partner doesn't move back in then they will take house off her because it's too big for one person,she doesn't want to lose house!!

 

They can't just get here go to go/move out ....

 

There is a Legal process to follow....

 

A valid notice to quit would have to be issued 1st and done so correctly

 

The case would go to local county court and HA would present there case "grounds for possession" and Tenant would be able to challenging the case via a solicitor...

 

Even if a judge grants a possession order tenant only has to move if bailiffs are appointed,All this can be a long legal process....

 

I cant see what "grounds for possession" HA could use !

 

Is there a way she can check if it's assured tenancy?

 

Well the fact she moved in in 1992, can you ask friend to find original tenancy agreement or rent books...

 

If this does go to court tenant will need to get a solicitor or help from a local law centre ...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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