Housing ASSOCIATION want to see my bank statements. Do they have a legal right?

ILW

DomRavioli wrote: »

MHartley wrote: »

Yet according to the OP they have received notice of eviction, so there is obviously some evidence that maybe a breach of tenancy has gone on.

I would suspect that OP has breached the tenancy agreement by going away for 6 months without informing them. That is probably enough to end the tenancy if they wish to be strict.

rozmister

krok wrote: »

They can only evict you if they have evidence to say you was subletting. If they have none then it is their problem, not yours.

If they try to evict you without evidence you just take it to court and you will win.

They've already served an eviction notice, they've got some sort of strong hard evidence. You can't just serve eviction notices on nightmare tenants (antisocial or criminal ones) it takes time gathering evidence. The threshold of evidence for an eviction notice is high and so the OP is best off cooperating at this point because otherwise he's probably up the creek so to speak.
At least if he provides bank statement they have the potential to clear his name, if he does nothing they'll kick him out using the evidence they've already got and the eviction notice they've already obtained.

If he's got an eviction notice and he fails to vacate or appeals this and it ends up in court refusing to cooperate with a HA is frowned upon unless you can prove there is a very good reason for this (e.g. you were dying in hospital and were unaware they'd tried to contact you).

The OP doesn't have to do anything but in the same way putting a red letter from the gas bill in the drawer doesn't make it go away, refusing to cooperate with your HA won't change the fact they're trying to evict you. Just because there's no legal obligation doesn't mean it wouldn't be in the OPs best interests to do something.

Errata

Don't HA's legally oblige tenants to live in their properties? Mine certainly does.

thorsoak

Pessoa wrote: »

To all. Thanks very much for the very quick and insightful replies. I actually WAS served with an eviction notice and have been asked for 2 years of docs for pretty much everything despite being away for only 6 months this year. Housing Associations do not have clear rules for overseas workers, it's a gaping black hole of confusion as regards the property when working abroad - e.g. not leaving property empty but allowing people to work abroad etc. I was reluctant to let the HA get at my bank statements for my own personal financial reasons but it seems it may be the best way to call of the dogs though I still think it's a real cheek. Again, thanks to all for the replies.

Each and every Housing Association will have different terms and conditions for tenants, who qualifies as a tenant, etc etc etc.

By working abroad (and therefore not living in your HA-rented property) you may well be going against these Ts & Cs - and whilst they might accept one period of extended absence from the property, they might not accept more than one period. Although you may have been a model tenant, paying the rent on time, etc etc etc, they may take the view that you are, in effect, blocking a property from someone who would live there full-time.

Pessoa

Hi all. Clarification. Informed HA I would be working abroad and personal Housing Officer insisted that I couldn't do it. She went on holiday shortly afterwards and I visited the HA. They said I could work abroad as long as I appointed a caretaker for the flat and provided evidence of contract of work, flight ticket etc. Provided all including caretaker details. That was in 2011-2012. Then was offered a new contract this year, sent letter to HA advising them, enclosed info but they didn't receive letter. I have been served with an eviction notice and asked for evidence but HA have not been forthcoming, instead asking for 2 years of documents. My planned steps are getting a copy of my original tenancy agreement from HA which goes back to 1999 and their policy for overseas workers (how long can one work abroad, should caretaker be resident or not etc etc) as they don't seem to have one. What really peeves me is how aggressive the HA are quite frankly.

Pessoa

In addition, if I accept an extension to my present contract, it will keep me away for a year. HA have stated in an email that they do not believe that my flat is my sole and only property because I haven't been in it (due to working abroad) - though the flat IS my only and sole property. Rigs are not homes!

thorsoak

So you don't need this flat for the next year? And will be earning good money on the rigs - that I know for sure!

There are people out there in dire need of Housing Association accommodation who will see your HA flat empty and wonder just why it can't be offered to them. The Articles of Association of the Housing Association will probably state something like this.

I think that the HA are well within their rights to attempt to evict you - you will be in a financial situation where you could find/buy your own property.

Errata

HA's probably don't have anything in their contract relating to sole tenants who spend considerable time living abroad, working or not. They expect tenants to live in them - not an unreasonable point of view.
Enjoy your new home.

Norman_Castle

My planned steps are getting a copy of my original tenancy agreement from HA which goes back to 1999 and their policy for overseas workers (how long can one work abroad, should caretaker be resident or not etc etc) as they don't seem to have one. What really peeves me is how aggressive the HA are quite frankly.

What are the grounds for eviction, the eviction notice will state this. Subletting, or not using it as your home?. Was the "caretaker" living there?