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Council locked me out of my flat for 5 months


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Hello, I'll try and be brief here.

Years ago i returned home from work to find i had been broken into, I reported this to the council and they came around and put a steel door on the flat effectively making me homeless, I kept going on at them to do the repairs but they just kept putting me off, this block of flats was due for demolition a few months later.

A couple of weeks ago I filled out a housing form for Sandwell council and have been refused housing because they say I owe them £1090 for all of the time that the steel door was on the flat but all of this time I had no access whatsoever

The council also emptied the flat of all of by belongings (all of which was new) and they denied that they did this but when I finally gained access I found everything was gone and the steel door was still in place and intact

My question is......Can they just deny me access and charge me rent?

 

As i said this has been a while ago but I do still have paperwork from that time and they still want their money

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Hi carlrb

 

A warm Welcome to CAG

 

Now you say this happened years ago exactly how many yrs ago?

 

Did you at the time Formally complain to the Council and follow their complaints procedure?

 

Did you stop paying rent due to no access to property?

 

Where were you living during having no access to said property?

 

Have you had any contact from the council chasing you for the arrears (bar your recent application for housing)?

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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 carlrb

 

A warm Welcome to CAG

 

Now you say this happened years ago exactly how many yrs ago?

 

Did you at the time Formally complain to the Council and follow their complaints procedure?

 

Did you stop paying rent due to no access to property?

 

Where were you living during having no access to said property?

 

Have you had any contact from the council chasing you for the arrears (bar your recent application for housing)?

 

This happened in June 1997 the steel door went on on the 16th and they ended the tenancy on the 13 of February 1998,

 

I did complain to the council endlessly

 

I did not pay the rent as i assumed I did not have to if I had no access

 

I was living in my car and even parking it on the estate office

 

I have had no contact from the council whatsoever

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This happened in June 1997 the steel door went on on the 16th and they ended the tenancy on the 13 of February 1998,

 

I did complain to the council endlessly

 

I did not pay the rent as i assumed I did not have to if I had no access

 

I was living in my car and even parking it on the estate office

 

I have had no contact from the council whatsoever

 

Can I ask where have you been living for the past 16 years ?

 

and why did you apply for a council house again !

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

 

 

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Can I ask where have you been living for the past 16 years ?

 

and why did you apply for a council house again !

 

I eventually went to live with my gf but that's over now so this is why i need to get on this list

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OK how did you gain entry with the steel door still being there?

 

Why have you left it so long?

 

Was the property deemed CLOSED?

 

With the information you have given there is a lot missing.

I doubt they would just seal you out of the property due to a break in. They would have to make it safe and accessible.

 

Was it a burglery or was it a police RAID?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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OK how did you gain entry with the steel door still being there?

 

Why have you left it so long?

 

Was the property deemed CLOSED?

 

With the information you have given there is a lot missing.

I doubt they would just seal you out of the property due to a break in. They would have to make it safe and accessible.

 

Was it a burglery or was it a police RAID?

 

I left it so long because until i filled this housing form in i didn't know about it

 

What do you meen by Deemed Closed?

 

They did seal off the property due to a break in, nothing was taken just a fish tank smashed and a table smashed to bits on the floor I had NO access until February when i arranged with a manager to get my property out only to find they had already done that

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As in a closure order

 

what your saying does not add up.

If access was denied to you because the door was broken they would of just replaced the door

If access was denied as the property was unsafe they would of rehoused you temporary

 

Big metal door implies the police applied for the property to be closed in my mind. Otherwise from what you claim you were unlawfully evicted.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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As in a closure order

 

what your saying does not add up.

If access was denied to you because the door was broken they would of just replaced the door

If access was denied as the property was unsafe they would of rehoused you temporary

 

Big metal door implies the police applied for the property to be closed in my mind. Otherwise from what you claim you were unlawfully evicted.

 

I was thinking that too !

 

I left it so long because until i filled this housing form in i didn't know about it

 

What do you meen by Deemed Closed?

 

They did seal off the property due to a break in, nothing was taken just a fish tank smashed and a table smashed to bits on the floor I had NO access until February when i arranged with a manager to get my property out only to find they had already done that

 

Even if you had paid rent in full.

 

I cant see Any obligation on the council part why they should give you a council house/flat now or place you on a waiting list, as you been living somewhere else for past 16 years ...

 

Best to find somewhere else to live now with private LL.

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

 

 

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As in a closure order

 

what your saying does not add up.

If access was denied to you because the door was broken they would of just replaced the door

If access was denied as the property was unsafe they would of rehoused you temporary

 

Big metal door implies the police applied for the property to be closed in my mind. Otherwise from what you claim you were unlawfully evicted.

 

All I can work out was because the flats were being knocked down they thought it would be a easy way to get rid of a tenant, THERE WAS NO POLICE INVOLVEMENT WHATSOEVER

So I was unlawfully evicted ?

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For that I think you would need to seek professional legal advice.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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June 1997, could suggest T abandonment or OP in jail, and Council cleared flat after T terminated, After break in, local kids?, big metal door to secure property from squatters etc.

Arrears of £1090 does not sound like 8 months rent from date of steel door preventing OP access, to termination of T, more like rent owing when T did a moonlight in Jun 97

How did Council terminate T in Feb 1998 and notify T?

IMO OPs story has more holes than UK Border Control

 

 

Without facts, we can only speculate.

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All I can work out was because the flats were being knocked down they thought it would be a easy way to get rid of a tenant, THERE WAS NO POLICE INVOLVEMENT WHATSOEVER

So I was unlawfully evicted ?

 

 

Why wasn't there any police involvement?

Why didn't you report it to the police?

 

 

That would have been my first call, not the council.

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June 1997, could suggest T abandonment or OP in jail, and Council cleared flat after T terminated, After break in, local kids?, big metal door to secure property from squatters etc.

Arrears of £1090 does not sound like 8 months rent from date of steel door preventing OP access, to termination of T, more like rent owing when T did a moonlight in Jun 97

How did Council terminate T in Feb 1998 and notify T?

IMO OPs story has more holes than UK Border Control

 

 

Without facts, we can only speculate.

 

Abandonment? In jail? How dare you make such suggestions.....I've never been in jail in my life, my tenancy was ended on the 13 February 1998 and the flat was emptied before this

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Why wasn't there any police involvement?

Why didn't you report it to the police?

 

 

That would have been my first call, not the council.

 

Big metal door implies the police applied for the property to be closed in my mind. Otherwise from what you claim you were unlawfully evicted.

That was a reply to this post by Sabre Sheep

 

The police were informed of the break in and i did have a crime number

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I went yesterday to SMBC and had a meeting with the debt recovery manger named Ian Carson, he told me that SMBC are not looking to recover the £1090 and have written it off however I still have to pay it to get onto their housing list. He also told me that they left the tenancy open so that I could claim the £1500 !!! Which he said I could no longer get

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If the flat was due for demolition there would of been a full engagement plan with you to discuss where you go etc. Did you go through a period of not opening letters or not responding to them?

 

 

Abandonment? In jail? How dare you make such suggestions.....I've never been in jail in my life, my tenancy was ended on the 13 February 1998 and the flat was emptied before this

 

People are offering suggestions based upon their interpretation of the facts you have presented.

Suggestions are just that, based upon what we have been told. Its is not an accusation.

When asking for advice, you have to be prepared to accept that suggestions of all variety based upon the "facts you have presented" will be forthcoming and sometimes may not be what you want to hear.

 

Remember the suggestion was that from the facts that have been presented. We do not know you nor do we have the ability to make "character assessments" so please take them what what they are. They are not meant as a personal attack.

 

I am however a little confused. At one point you say "No Police invovlement what so ever" and then later go on to say that you did inform the police and did get a reference number.

 

I think with the information you have provided here it is obvious that all that can be done is to guess what has happened. There is not enough here for anyone to give you any sound legal advice other than one I posted earlier.

 

"I Suggest you seek professional legal advice"

 

They can see your paperwork and establish what has happened. We cannot. As we cannot get the whole picture from what happened we cannot do more than offer suggestions on what happened and you seem to want to take them as a personal attack.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I went yesterday to SMBC and had a meeting with the debt recovery manger named Ian Carson, he told me that SMBC are not looking to recover the £1090 and have written it off however I still have to pay it to get onto their housing list. He also told me that they left the tenancy open so that I could claim the £1500 !!! Which he said I could no longer get

 

 

Big metal door implies the police applied for the property to be closed in my mind. Otherwise from what you claim you were unlawfully evicted.

That was a reply to this post by Sabre Sheep

 

The police were informed of the break in and i did have a crime number

 

 

carlrb you did say Council fitted big metal door here

 

http://forums.moneysavingexpert.com/showthread.php?t=4999864

 

More likely story is, It wouldn't surprise that the Council have been through the Eviction procedures and Council fitted big metal door to stop anyone moving back in as the block was going to be knocked down !

 

IMO OPs story has more holes than UK Border Control

 

Agree with that

 

Without facts, we can only speculate

 

Read on http://forums.moneysavingexpert.com/showpost.php?p=65861588&postcount=29

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

 

 

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Hmm,just looking at this,some tenant gets broke into in june 1997,the council put a steel door on,tenancy ends in feb 1998,tenant has recently found out he owes £1090 cos he tried to get on council home list.

Theres a whole lot missing here,where was he all these years?,waiting outside the property? wondering when the metal door was coming off? The op must have a load of paperwork from the council regards this,I am sure there story is a lot different,its a pointless post really.

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Hmm,just looking at this,some tenant gets broke into in june 1997,the council put a steel door on,tenancy ends in feb 1998,tenant has recently found out he owes £1090 cos he tried to get on council home list.

Theres a whole lot missing here,where was he all these years?,waiting outside the property? wondering when the metal door was coming off? The op must have a load of paperwork from the council regards this,I am sure there story is a lot different,its a pointless post really.

 

There's nothing missing, that's exactly what happened !!!

All of these years I was living somewhere else until now when I find myself homeless and wanted to get on the housing list

IMO they wouldn't repair the door as the block was coming down

There is nothing missing that I can think of

I do still have some paperwork, I have a letter from the council sent to my solicitor stating when the security door was fitted and when the tenancy was ended, I also have the paperwork from the council stating when the arrears are for

There is no point me coming on here and not telling the whole story it really is no skin off my nose to just be honest and tell you everything

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There's nothing missing, that's exactly what happened !!!

All of these years I was living somewhere else until now when I find myself homeless and wanted to get on the housing list

IMO they wouldn't repair the door as the block was coming down

There is nothing missing that I can think of

I do still have some paperwork, I have a letter from the council sent to my solicitor stating when the security door was fitted and when the tenancy was ended, I also have the paperwork from the council stating when the arrears are for

There is no point me coming on here and not telling the whole story it really is no skin off my nose to just be honest and tell you everything

 

I don't know why your bothering with the council away.

 

Your not a priority for a council house/flat, you been living some where else for the past 16 years and you left your GF address.

 

IMHO, Council have No duty to re-house you or even place you on there waiting list !

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

 

 

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it seems a long time to wait and make enquiries,you are obviously trying to get a council flat from them in that area,maybe you need to just take the debt on to get on the list,councils keep long records these days.

 

 

I did do a lot back in 1997-1998 but I was limited to what I could do, tried the CAB but that's only ever as good as the person you see, I did see a solicitor but could barely afford it and could not get legal aid, I do want to live in that area as I want to be near my mother who is in her 70s and disabled

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