Failed Succession Claim - Trespass Hearing - HELP!

carefullycautious

Just found this

http://www.dwa-housingconsultants.co.uk/your_right_of_succession.htm

cant understand why you cannot succeed

You really need someone with expertise of this law

Wee_Willy_Harris

Have you asked for a review of their decision?
If so, have you appealed that decision?
If so, have you appealed THAT decision?
If so, have you then followed every course of review open to you?
If so, have you taken your grievance to the Local Authority Ombudsman?

If you are in the process of exploring all those options, the court would, in all likelyhood, expect the HA to follow that proceedure to conclusion before considering a possession order. Most HA/LA decisions are open to challenge.

debrag

D_Stanley wrote: »

No, I have asked the H.A. to let me pay rent but they refuse - I believe there is an issue with them creating a 'de facto' tenancy if they accept rent

Do you have a rent card? Anyone can pay with that at post offices or at the HA offices.

darkpool

Why bother going through all this hassle if you are going to pay a normal private market rent anyway? The HA have made clear they want you out, is it because the flat has been modified to suit an older person?

I think sometimes in life you just have to accept you're not going to win the situation.

teeni

As the op states there is no right to a statutory succession as it is an assurred tenancy and succession rights only apply to a spouse.

The H/a have to give reasons why they do not consider the property suitable for discretionary succession but it is likely to be that the property is unsuitable for the tenant, is it under/over occupied, has it got disabled adaptations, and that it would be in breech of it s allocation policy.

Rent is not due from the o/p as he is not the tenant the rent that is being accrued will be claimed off the state of the o/p's mum the original tenant until the date the notice to quit expired after that they could have charged you a use and occupation fee but this would not have given you a tenancy.

The risk of costs in this case is high especially if the housing Association employ a barrister for the hearings and Shelter like any other solicitor in the country would normally only assist legally aided clients through this because fo the risk of costs. Although of course if the o/p could afford to pay a solicitor then he could get the legal advice/assistance he needs to go through this process.

Have the association given you additional priority on their lists because of the situation?

You probably realise you have little chance of success, but good luck with it. just consider that the costs could be several thousand pounds by the time you finish and consider if you are prepared to pay those, if not might still not be too late to negotiate if you show you are prepared to leave.

Good luck with this are you used to being in a court room, silly question maybe but it can be very daunting at first.

Final thought have you got free legal advice with your bank or union or insurance who may be able to assist you in completing the defence documents.

D_Stanley

darkpool wrote: »

Why bother going through all this hassle if you are going to pay a normal private market rent anyway? The HA have made clear they want you out, is it because the flat has been modified to suit an older person?

I think sometimes in life you just have to accept you're not going to win the situation.

I think I've answered these questions but to recap, security of tenure, & no.

Cheers for the support

D_Stanley

teeni wrote: »

As the op states there is no right to a statutory succession as it is an assurred tenancy and succession rights only apply to a spouse.

The H/a have to give reasons why they do not consider the property suitable for discretionary succession but it is likely to be that the property is unsuitable for the tenant, is it under/over occupied, has it got disabled adaptations, and that it would be in breech of it s allocation policy.

Rent is not due from the o/p as he is not the tenant the rent that is being accrued will be claimed off the state of the o/p's mum the original tenant until the date the notice to quit expired after that they could have charged you a use and occupation fee but this would not have given you a tenancy.

The risk of costs in this case is high especially if the housing Association employ a barrister for the hearings and Shelter like any other solicitor in the country would normally only assist legally aided clients through this because fo the risk of costs. Although of course if the o/p could afford to pay a solicitor then he could get the legal advice/assistance he needs to go through this process.

Have the association given you additional priority on their lists because of the situation?

You probably realise you have little chance of success, but good luck with it. just consider that the costs could be several thousand pounds by the time you finish and consider if you are prepared to pay those, if not might still not be too late to negotiate if you show you are prepared to leave.

Good luck with this are you used to being in a court room, silly question maybe but it can be very daunting at first.

Final thought have you got free legal advice with your bank or union or insurance who may be able to assist you in completing the defence documents.

Yes I do realise I'm up against it, especially as I'm representing myself. The costs do worry me but I do believe I've been mistreated by the HA as I do have documentary evidence that I have lived in the property for 6 years (including a reference from the HA itself) & the reason stated for refusing my succession is that the HA do NOT have evidence of my living there!

It does appear that in the vast majority of cases the HA wins, because they are able to rely on the 'letter of the law'. It seems to me that the consequence is that many people are basically bullied out of their home. The fact that these cases are heard as Trespass precludes the tenant's access to Legal Aid. It doesn't seem like 'justice'. The only way these things ever change is by ordinary people fighting these cases in court, albeit with little chance of success. One day, one of us will win & the HAs will have to readdress the way they deal with these situations.

BTW the HA in this case have just confirmed to me that they do not have any written policy or procedure for discretionary succession, so it would appear that they just do what they like & then sue for trespass!

Thanks for your help.

D_Stanley

Thanks again to everyone for their help.

As yet I've been unable to find anyone to formally advise me on a pro bono basis, despite asking 16 firms. So although I will keep trying to find a specialist, for now I'll have to crack on with defending myself.

I've found some very interesting case law & notes on the Nic Madge website, which answer a lot of my questions (as well as the helpful resposes I've received on forums), so I feel I have something to work on now & have been able to get my witness statements ready.

I just have a two issues re procedure on which I hope someone can give me a pointer.

This morning I received the Order from the last hearing.

It reads "The parties shall file & serve witness statements by 4pm on 27 September 2011."

Yesterday! I put it down to nerves but in court I wrote down 28th as the deadline!

I have them ready now & obviously I intend to include a covering letter explaining my error. Does anyone think this will cause me a problem? (The next hearing isn't until 21st November).

And finally, the Order just states 'witness statements', my documentary evidence will be included in that but am I also expected to outline my arguments & indicate the case law to which I intend to refer in court? Or will I just use that when I need it?

Thank you for taking the time to discuss this with me.

ILW

What is your main argument as to why they should give you the tenency?

Cheeky_Monkey

D_Stanley wrote: »

This morning I received the Order from the last hearing.

It reads "The parties shall file & serve witness statements by 4pm on 27 September 2011."

Yesterday! I put it down to nerves but in court I wrote down 28th as the deadline!

I have them ready now & obviously I intend to include a covering letter explaining my error. Does anyone think this will cause me a problem? (The next hearing isn't until 21st November).

Oh dear, I fear that's a massive blow to your potential case. You missed the deadline and thus presumably handed the HA the perfect reason to have the case thrown out.

Deadlines are given for a reason and I don't think your error will be taken as a good reason for missing it. I can't imagine they will say "oh well, these things happen, we all make mistakes, we'll carry on with the case regardless". Of course, I could be wrong ............ it has been known!