Failed Succession Claim - Trespass Hearing - HELP!

darkpool

D_Stanley wrote: »

and may I add, darkpool, that there is no subsidy involved. New HA tenancies are let at market rents & are often of a lower standard than private property, but with the benefit of a secure tenure. I suppose Housing Benefit is a taxpayer subsidy but eligibility is the same for LA, HA & private tenants & in any case, I don't receive it.

in my local area HA rents are a lot lower than private rentals. i've never thought it fair that a HA tenant can rent a whole house for less money that a lodger pays for a single room.

perhaps you'd share the rental amount that the HA would charge you?

vintagebrighton

Putting aside all the ins and outs of HA tenancies vs private tenancies as that's not what you were asking about............

If you have a priority need for housing (which you do have as you have children) and you are being evicted through no fault of your own (caring for parent for 6 years but no right of succession) then you should immediately make a homeless application. Do the HA know your situation? If they do and they're still prepared to evict then that does surprise me (or should it in these times of business means everything?). They could very easily grant you a succession and avoid the hassle and expense of eviction all round. But still, what about the Court? Do they know your situation and that it's possible for the HA to legitimately grant you a tenancy?

As for the Shelter thing........... when you know the date of the hearing you are at imminent risk of homelessness, contact them again. And don't forget, when you go back to court make sure the Judge knows you're being thrown out onto the street with children and that you need time..... even if they can't order the HA to grant you a tenancy they can give you time to sort out a homeless application or find somewhere to live.

D_Stanley

Unless I also gave the postcode & a description of the property it'd be pointless.

The thing is I started this thread to see if anyone had an advice on my legal issue, now it's turned into a chit chat.

Does anyone have experience of, or information on trespass hearings? Specifically can the court consider mitigating evidence & the circumstances leading to the trespass (above) or must it act to the letter of the law? Cheers

vintagebrighton

D_Stanley wrote: »

Unless I also gave the postcode & a description of the property it'd be pointless.

The thing is I started this thread to see if anyone had an advice on my legal issue, now it's turned into a chit chat.

Does anyone have experience of, or information on trespass hearings? Specifically can the court consider mitigating evidence & the circumstances leading to the trespass (above) or must it act to the letter of the law? Cheers

You really need the HA's own guidelines on succession to have any chance of arguing this. Did you manage to get a copy? What about their own website or corporate bumpf? The court would want to know about this aswell as you are a priority, you have lived in the property for years and you'll be homeless when you're evicted.

D_Stanley

vintagebrighton wrote: »

Putting aside all the ins and outs of HA tenancies vs private tenancies as that's not what you were asking about............

If you have a priority need for housing (which you do have as you have children) and you are being evicted through no fault of your own (caring for parent for 6 years but no right of succession) then you should immediately make a homeless application. Do the HA know your situation? If they do and they're still prepared to evict then that does surprise me (or should it in these times of business means everything?). They could very easily grant you a succession and avoid the hassle and expense of eviction all round. But still, what about the Court? Do they know your situation and that it's possible for the HA to legitimately grant you a tenancy?

As for the Shelter thing........... when you know the date of the hearing you are at imminent risk of homelessness, contact them again. And don't forget, when you go back to court make sure the Judge knows you're being thrown out onto the street with children and that you need time..... even if they can't order the HA to grant you a tenancy they can give you time to sort out a homeless application or find somewhere to live.

Thank you for the information. I will of course 'have my day' in court & I will make sure that the court is aware of all the facts. You are right, it is the case that I will be in quite a desperate position if evicted as I don't have savings & I do have children.

The simple question that nobody (shelter, cab, duty solicitor etc) has been able to tell me for sure is whether the court can take any of these circumstances into consideration. 'At law', as I believe is the term, I am a trespasser - the test is simple - I am not a tenant, I have never been a tenant, I don't have the owner's permission to remain in the property. I only hope that the court can take my evidence/circumstance into account & also consider whether the HA has excercised it discretion responsibly. It seems common sense to me but it's the legal position that I am unsure about.

Thanks again for your help so far...

D_Stanley

vintagebrighton wrote: »

You really need the HA's own guidelines on succession to have any chance of arguing this. Did you manage to get a copy? What about their own website or corporate bumpf? The court would want to know about this aswell as you are a priority, you have lived in the property for years and you'll be homeless when you're evicted.

Yes sorry that first reply was to dark...

I have requested a copy of their policy/procedure in the past & they say they don't have one as every case is treated on it's own merits (i know!).

Today I sent an email request to the Regional Manager, if I don't get a reply by morning I will call them. My original request is actually in the Claimant's witness statement, so the court will get to see that.

D_Stanley

what i do have is several samples of other HA's succession guidelines & by those I'd have been granted the tenancy automatically!

muskoka

The only thing I would say is get everything in writing. i.e. dont phone them, but write to them asking for their succession policy.... then if they write back & say your situation is not applicable, write back asking them to clarify why not, etc, etc Good luck

Clearlier

Sorry I can't offer legal advice although the way that you present it suggests that the court would only potentially ask the council to reconsider your application. Given that this is a money saving website though I was struck by your statement that you have no savings despite the council refusing to let you pay rent and it has been a year since your mother died. How would you pay rent if you haven't any savings after a year?

Jessikita1983

Hi,

have you considered contacting your local MP or Councillor and going to the press? I don't normally believe in these methods of running to the papers as I do not believe that council's should bow to media pressure HOWEVER in this case it sounds like the local authority will just end up housing you elsewhere, so it seems ridiculous and a pointless exercise to tip you out of this flat and then home you in another!

Has similarities to this story near where I live (just a bit similar) WOULDN'T LET ME POST A LINK, BUT ON GOOGLE AND SEARCH FOR RORY PALMER, SAFFRON LANE, LOCAL HOUSING and it is the 3rd story that comes up.

worked for her?