Accused of abandoning council flat

izanc24

Hi

I live in a council flat. About two weeks ago I received a letter from the landlord (Local Authority) saying thay had reason to believe I no longer live at my flat and that it had been abandoned. They added if I didn't respond to the letter within seven days they would start legal proceeding to repossess the flat.

The flat has not been abandoned. I am there every day. The landlord cannot have any legitimate reason for accusing me of the above.

I phoned the Council but the person I needed to speak to wasn't there. I then sent them a letter asking them to let me know in writing what reasons they have for believing the flat to have been abandoned.

They have replied to my letter by requesting a Tenancy Audit. They have not provided any reasons as to why they believe the property has been abandoned.

Has anybody had a similar experience? Does anybody know what a person's rights are in such a situation?

HappyMJ

The letter sounds badly worded but it's nothing to worry about.

withabix

But, do you LIVE there?

You don't specifically say this in your post. You say 'I am there every day'. Not the same thing.

Assuming you have nothing to hide, it is probably a mistake or one of your neighbours has reported you.

[Deleted User]

Hi,

izanc24 wrote: »

The flat has not been abandoned. I am there every day.

but are you staying somewhere else at night?

BigAunty

Is it your primary residence? Do all your bills and bank statements go there? Is that the address registered with your employer? Do you have a girlfriend claiming benefits elsewhere who may reported on her claims that you are a live-in partner at her address?

In your historic posts, you indicated some local authority appointed workmen had entered the property to do gas safety tests. Does your property look lived in or is it empty of everyday belongings?

There's always the chance of a malicious report to the local council. Many local councils use the services of the Audit commission to detect fraud and abuse of council housing and their data matching search can throw up cases where the tenant lives elsewhere.

Some probably just do random audits anyhow.

BigAunty

Page 45 onwards of this government document indicates what risk factors should flag up the need for a tenancy audit and signs that a property is occupied - any apply to you?

It also makes clear that some councils as a matter of policy align the gas safety check with a tenancy visit.

Perhaps they have a policy of making multiple visits as part of a routine tenant check and have never found you in or had an informal discussion with a neighbour?

http://www.communities.gov.uk/documents/housing/pdf/1396431.pdf

theartfullodger

Write back (Yes!! WRITE!! - and keep a copy..) stating you continue to reside there, would they kindly give me whatever evidence or information the council had suggesting you weren't there and may you please have an apologu...

rentergirl

You have to actually live there, and as posters have said: have your post sent there. Write back recorded delivery and keep a copy. And yep - I bet someone reported you. Lovely isn't it?

Madjock

rentergirl wrote: »

You have to actually live there, and as posters have said: have your post sent there. Write back recorded delivery and keep a copy. And yep - I bet someone reported you. Lovely isn't it?

It isn't lovely for people that are sitting on the social housing waiting lists waiting for a property if this one has been abandoned.

izanc24

BigAunty wrote: »

Is it your primary residence?

Thanks. This is my only residence. I am there every day and night. All my bills, bank statements and correspondence are delivered to this address. The flat is full of furniture and belongings. I have no disgruntled friends/partners. There is no question of my not living at the flat.

However, I have had lots of problems in the past with getting certain types of repairs done especially dampness. I recently tried again to get these problems sorted. Some dampness was treated but not all. Appointments were made but no one turned up to do the work. I had to go through the Complaints procedure to get some dampness treated as well as damaged artex which contained asbestos removed. Don't know if it is anything to do with this?

poppysarah

Why do they think you don't?
Any possible neighbour you've annoyed?