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Housing Association changed locks without court order on day of NTQ - Is this illegal.


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My mother has been a housing association tenant for 12 years. Recently, she has had to come and live with me as she is unable to live independently at the moment. Housing Association found out that she was not living at property for a short while and served Notice to Quit which ran out today. I wrote to the HA saying that I have been let down with removals and explained my situation that I work full time and have caring responsibilities and need more time to arrange something.

 

Just had Housing Officer at my door saying that they have taken possession of the property on the date of expiry of the NTQ and have changed the locks. I said that they cannot go breaking into the property and changing locks without a court order. Housing Association said they have every right.

 

Surely this can't be right, have they performed an illegal eviction. Any advice would be appreciated.

 

Thanks jb000

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Hi jb000

 

How was the rent paid for your mothers HA property i.e housing benefit etc?

 

How long had your mother being staying at your property?

 

When was the Notice to Quit dated and the date to Quite by?

 

Have you had any other discussions or signed anything at all?

 

The Housing Association still have to follow a legal process to get the property back and the NTQ is only the start.

 

Couple of links for you:

 

http://england.shelter.org.uk/get_advice/eviction/eviction_of_housing_association_tenants

 

http://england.shelter.org.uk/get_advice/eviction/eviction_of_housing_association_tenants/eviction_of_assured_tenants_of_housing_associations

 

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/illegal_eviction

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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 there

 

My mother was in receipt of Housing Benefit.

She had a massive seizure and when she was discharged from hospital could not live independently at the time but had every intention of going back once she was well.

She stayed with me for about 6 weeks.

She signed nothing from the housing association.

She got 2 letters of Notice to Quit, one expired late last month and the other one yesterday.

 

We were hoping that once it got to Court, we would explain to the Judge her medical difficulties and the intention of her returning to the property full time once she was fit in the hope we would get a suspended order of possession, however, the Housing Association have took the law into their own hands and evicted her without a Court Order.

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Hi there

 

My mother was in receipt of Housing Benefit.

She had a massive seizure and when she was discharged from hospital could not live independently at the time but had every intention of going back once she was well.

She stayed with me for about 6 weeks.

She signed nothing from the housing association.

She got 2 letters of Notice to Quit, one expired late last month and the other one yesterday.

 

We were hoping that once it got to Court, we would explain to the Judge her medical difficulties and the intention of her returning to the property full time once she was fit in the hope we would get a suspended order of possession, however, the Housing Association have took the law into their own hands and evicted her without a Court Order.

 

I was in the process of arranging to move her furniture into storage if she did not want to move back, which I told the housing association, however, that decision has been taken away from her now.

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Hi

 

Have a good read of the links in post#2 and have a wee chat with shelter

 

I hope you don't mind me asking but how old is your mother?, if she is over 60 have a wee read of this link or even have a wee chat with them:

http://www.ageuk.org.uk/

 

You will need to be careful with the rent being paid by Housing Benefit and the action the Housing association has taken by the NTQ for your mother (if the HA have a data sharing policy with the local council the information of property vacant could be passed to them and the council may class it as a change in circumstances) so please be aware of this.

 

In dealing with the Housing Association / Council etc on your mothers behalf you will need a Letter of Authority to act on her behalf otherwise the Housing Association my refuse to discuss your mother or the property with you so please be aware of this.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

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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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