Housing association wanting to kick me out (ADVICE pls)

JJ44

Right, dont know where to start really and im not sure this is in the right section so im sorry if its not.

Just need some advice really. still living with parents at the moment have done all my life and im in my early 20's. My dad died 12 years ago and now im told my mum has few months to live.

My question is weve lived in a housing association house for 10 years now its 2 bed but my name was never put on the tenancy register(whatever it is) as living at the address(well we all thought it was but the housing association say otherwise) they say the day my mum dies i have to leave the house ASAP. they mention no proof i can give them to prove ive been living at the address is acceptable not even electoral roll proof or anything at all! they say even if my name was put down as living there i cant live there anyway because i quote 'its a family house' before we had a 3 bed house and we tried to do a exchange to another 3 bed house but cos theres only 2 of us they housing associaition said no. So we moved to this 2 bed house were in now... but surely they have proof i was living here or they wouldnt of let me and my mum move here? just like they wouldnt let us move to the 3 bed!?

Surely this cannot be right? not only do i have to go thro my mum dying but im going to be kicked out too... any input on this appriciated? thanks

Fran

JJ44,

I'm sorry to hear about your situation.

I suggest you give Shelter a ring as they deal with homeless and potentially homeless people all the time. They will be able to advise the best way forward and on your rights too.

snails's_pace

im aware that some housing associations operate a facility where if the parents sadly pass away, then the house goes to the children living in it and their guardian.. have a read through your mums tenancy agreement or any other legal docs she's been given...just an idea
really sorry to hear your news...hope it all works out for you

kind regards

snails

Morglin

As well as SHELTER, who are excellent, give these people a ring:

http://www.clsdirect.org.uk/index.jsp

Would the HA not let you be joined on the tenancy before your mum dies?

Good luck.

Lin

JJ44

thanks for input guys.

the HA will let me be on the tenancy but they want me on there for 1 year before i can claim the house. My mum will not live 1 year!

Blondie32_2

Hi JJ44,

A few years ago I used to live in a HA flat. I was moving in with my new partner who had his own home so asked the HA if I could let my brother stay in my flat even though I would not be there. They said yes as long as the rent is paid.

I did this and was able to put his name on the rent once he had 6mths worth of letters sent to this address for proof that he now lived there.

I had the choice to stay on the rent or to sign it over to him.

Im not sure if this applies everywhere but Im in Scotland. Dont know if this makes a difference.

HTH

Blondie32

cattie

I'm really sorry to hear about your mum & it must be a worrying & difficult time for you without the added stress of wondering if you will be made homeless.

Very often housing associations will not allow people who had been living with a deceased tenant to remain in the property if it is too large for them.

As it's your home & you have lived there all your life & you do have some proof that you have been living there, they should offer you a smaller home, probably a 1 bedroom flat, once you are living alone.

Apart from Shelter as mentioned by othe posters, do contact your local mp & local councillor about your worry at the housing association seemingly not wanting to take responsibilty to ensure you will continue to have a roof over your head. Let them kick up a stink on your behalf with the HA.

Good luck.

Fran

cattie wrote: »

.........do contact your local mp & local councillor ....

Yes this is a good idea, MP's/councillors can often pull strings that others can't! Also they are usually quick and efficient in replying.

chugalug

Also, please don't be intimidated by the HA saying you have to move out immediately. Even as technically a 'trespasser' you have the same legal right as a tenant. The HA would have to apply to a court for possession which can take a while then apply for the bailiff's to attend the property if you didn't move out. You have a bit of leeway to get proper advice.

I don't want to get too technical but it could be that if your mother had a sole tenancy and this is your home the HA would have to let you take over the property or find you somewhere 'suitable' to live. Obviously, if you move out voluntarily then they won't have to do anything. So stay put!!

Once you have someone on your side ie Shelter, you'll be able to relax a bit - take care........

grodnogirl

Sorry to hear adout your situation. I wish you and your mum to stay strong.
Take a look at your mum's tenency agreement. Our says that if child is 16 years old or older at the time of the death of the main tenants they can continue to live their. As far as I know it is a general rull but I suppose agreements differ depending on what HA it is.

All the best

bestpud

chugalug wrote: »

Also, please don't be intimidated by the HA saying you have to move out immediately. Even as technically a 'trespasser' you have the same legal right as a tenant. The HA would have to apply to a court for possession which can take a while then apply for the bailiff's to attend the property if you didn't move out. You have a bit of leeway to get proper advice.

I don't want to get too technical but it could be that if your mother had a sole tenancy and this is your home the HA would have to let you take over the property or find you somewhere 'suitable' to live. Obviously, if you move out voluntarily then they won't have to do anything. So stay put!!

Once you have someone on your side ie Shelter, you'll be able to relax a bit - take care........

I would hold out for a smaller tenancy too as they are trying to put the frighteners on you and absolve themselves of any duty to you, or costs of legally putting you out. It may turn out that if you remain there, they will see it as cheaper to rehouse you than take you to court and legally evict you as that can take months.

Don't do anything without advice though as you may end up having to rent privately and the last thing you want in that case is an eviction in your history! I would think Shelter is your best bet at them moment too.

Do you have a 'Foyer' near you as they take young people up to the age of 25 and may be able to help you out? Shelter should know if they can help anyway.

Sorry to hear about your mum - it's obviously a very difficult time without this! Good luck and don't let them bully you out - even if you have to go, it does not have to be immediately, as already said!