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Friend worried about being evicted


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ask for copy of agreement, if you do not have a copy. they must give you this.

info. http://england.shelter.org.uk/get_advice/social_housing/housing_association_tenancies/secure_tenancies

From what I understand, you become a secure tenant after you have been in the property for 12 months

suggest they contact Shelter for further advice.

If you have a secure tenancy they cannot evict, except for valid legal reasons.

and they cannot start that until the end of 12 months notice.

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phil76

 

Besides finding the original tenancy agreement, can I ask you this.

 

In 1992 when the tenancy 1st started

 

was it the current housing association who owed the property

 

a council "house" tenancy and sold to HA

 

or a Private landlord and sold to HA

 

Hope you can understand me .

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

 

 

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Midland Heart is a social landlord, which means that they can take possession proceedings for a property that is under-occupied.

 

Advice needed depends entirely on the type of tenancy the OP has. Some of the advice given (particularly in relation to secure tenancies) is wrong.

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Midland Heart is a social landlord, which means that they can take possession proceedings for a property that is under-occupied.

 

Even if all rent is paid?

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Even if all rent is paid?

 

Dependent on the type of tenancy - yes.

 

The OP's ex obviously wants to be rehoused - it was probably an agreement of being removed from the tenancy agreement for the four bed, that he would be rehoused, and the OP would also be rehoused as she would then have a tenancy by succession/assignment (the latter probably), and therefore under-occupany could be used to reclaim possession, the only criteria being that 'suitable' alternative accommodation is offered: for a single person over 35, this would mean a one bedroom property. The social landlord would be grateful to get a four bed house in return for renting two one bed flats (though of course they have to have two one bed flats first - and these are scarce since the decrease in housing benefit).

 

Lots more that could be said re 'suitable' etc. but until OP states what type of tenancy she/he has there isn't any more than can usefully be said.

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phil76

 

Besides finding the original tenancy agreement, can I ask you this.

 

In 1992 when the tenancy 1st started

 

was it the current housing association who owed the property

 

a council "house" tenancy and sold to HA

 

or a Private landlord and sold to HA

 

Hope you can understand me .

 

Yes it was same housing association back in 1992

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Acc to their website Midland Heart was only created in Apr 2006 with the mergers of various similar organisations.

 

Thanks,that's what I found out too !

 

Yes it was same housing association back in 1992

 

OK,Thanks

 

The grounds for possession order if i got the right act housing Act 1988, Schedule 2, Part ll, grounds 9 to 17 are discretionary grounds.

 

Looking further on into the same act, I can't see under-occupied can be used for a possession order.

 

If I quoted wrong housing act my apologies phil76, but I sure CAG user Lea_HTH will correct us !

 

phil76, any luck finding the original tenancy agreement ?

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

 

 

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OP still hasn't bothered to state which type of tenancy he has.

 

It's ground 9 if an AT. Ground 16 (1985 Act) if an ST.

 

Thank's :-)

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

 

 

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OP still hasn't bothered to state which type of tenancy he has.

 

It's ground 9 if an AT. Ground 16 (1985 Act) if an ST.

 

Sorry but my friend can't find her tenancy agreement :( grrrr!!

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Thanks,that's what I found out too !

 

 

 

OK,Thanks

 

The grounds for possession order if i got the right act housing Act 1988, Schedule 2, Part ll, grounds 9 to 17 are discretionary grounds.

 

Looking further on into the same act, I can't see under-occupied can be used for a possession order.

 

If I quoted wrong housing act my apologies phil76, but I sure CAG user Lea_HTH will correct us !

 

phil76, any luck finding the original tenancy agreement ?

 

Checked with friend and she says they were called Normid housing back in 1992 then changed name to Touchstone then changed again to Midland heart

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Checked with friend and she says they were called Normid housing back in 1992 then changed name to Touchstone then changed again to Midland heart

 

phil76

 

 

Have you any more news, do you know what type of tenancy your friend has ?

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

 

 

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  • 3 weeks later...
phil76

 

 

Have you any more news, do you know what type of tenancy your friend has ?

 

Sorry haven't been on for a while,been having my own problems with depression/anxiety recently :( Friend still can't find her tenancy agreement think she's lost it,can she get another copy at all?or find out some other way what tenancy it is?

 

I've asked a few friends and most say it doesn't seem right that they can evict her

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Sorry haven't been on for a while,been having my own problems with depression/anxiety recently :( Friend still can't find her tenancy agreement think she's lost it,can she get another copy at all?or find out some other way what tenancy it is?

 

I've asked a few friends and most say it doesn't seem right that they can evict her

 

Your Friend ! really needs to seek legal advice locally ASAP...

 

Enter Full post code here http://england.shelter.org.uk/get_advice/advice_services_directory

 

and hit Enter ....

 

Good luck ....

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

 

 

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