Eviction notice served

rog2

mumoftwins wrote: »

Have had a pm from Ampersand and she has found me a solicitor about 15 miles away who specialises in this sort of thing - so I have put a call into him to discuss.

That's EXCELLENT news, mot - I was typing my post so I didn't know that.

Good Luck, mot and Well Done Ampersand. :T :T

mumoftwins

rog2 wrote: »

That's EXCELLENT news, mot - I was typing my post so I didn't know that.

Good Luck, mot and Well Done Ampersand. :T :T

Thanks Rog,

I, too, am yet to find a case where the 'appellant' has won a case with my LA - perhaps one of us will come up with the good news soon

teeni

mumoftwins wrote: »

Hi Teeni,

Meant to ask you - why would Shelter have had funding withdrawn please?

Various reasons however the local authorities have been looking at cutting costs and if they can use their existing staff it means that they save the cost of funding outside organisations. This is not unusual and if the authority thinks that they can offer the same for less they will do so.

Shelter is funded partially by the legal sevices commission, partially by government grants, partially by local authorities and partially by donations under its charitable status.

They help everybody but can only claim for the help they give people under the legal services contract if the clients are eligible for legal aid that is why all the other sources of funding are vital to allow them to open their doors to every body.

a solicitor who has a contract with the legal services commission will charge if client not eligible for legal aid.

Unfortuately it does not work that way as in house advise is not impartial and only ever gives one point of view.

Imagine if all homeless applicants in your area had advice from the housing officer dealing with your case. is that in any way impartial or based on what is best for the authority.

By the way if there is a solicitor locally who is able to assist you go for it.

Teeni

floss2

I've enquired at our Advice Link (local Council where I work) as to the amount MoT should have to live on for her & the twins....nobody in at the mo but they will get back to me ASAP.

Gillianh2

mumoftwins wrote: »

:rotfl: Ha ha Floss:rotfl: Just spent a delicious 3 hours in bed on my own and slept:j

Re: the minutes of the meeting I will have a look and see what I can find.

Teeni, I will pm you as what I want to say perhaps shouldn't be on main board (feel free to be included anyone!)

Me too please and can you give me the HLO name so that I can google it and have a gander. I think I told you my DD has a law degree abeit she specialises in criminal Law I can then get her to google it and see if she can pin point anything. Or if she can get someone who works with her to find a "Loophole" longshot but might be worth a go.
When I vaguely mentioned your case she did say that you could also go thru the "Harrassment" route from LL as he was making life considerbly difficult for you and the children and you had Police Ref number. Might be worth adding that into your appeal.

Glad you managed a good power nap and hope you feel better for it.:A

teeni

rog2 wrote: »

Hi teeni - I hope you did not misinterpret my remarks - I was not denegrating Shelter in any way, and I have to say that they, as a charity, perform excellent work. I was unaware that they do not use volunteers, and I apologise, unreservedly, for any unintentional misunderstanding that my post may have given.

Your second post clarifies, to me, the situation - especially with regard to mot's Council.

I have been looking through the minutes of the 'Appeals' held by mot's Council - I am still looking, but have yet to find a case of 'intentional homelessness' where the appeal went in favour of the apellant - in fact, almost without exception, the appeals tend to take exactly the same format, with exactly the same outcome. They are heard 'in private' (allegedly to protect the identity of the apellant) yet are minuted, with the apellant being referred to as Mr/Mrs X, Y, Z etc, so we do not really get to know exactly what is said.

As far as I have seen, so far, the appeals seem to consist of a two sentence statement that it is considered that the accomadation was, suitable and affordable and that the apellant is, therefore, deemed to have made themselves 'intentionally homeless'.

I do not know how, if a tenant is evicted, that this can be judged as 'Intentional Homelessness'. We ALL know that, in mot's case, she was evicted through absolutely no fault of her own, yet her HLO/Council, appears to be ignoring her particular circumstances to the point where one could, easily, be forgiven for thinking that the only "Intention" is that of a Council who have little or no intention of 'helping' mot unless or until it is forced to do so by the power of the law.

I find this doubly disappointing as mot's Council, on their website, are extremely keen to promote the 'Help and Advice' that they can offer, in many languages, for those experiencing housing problems.

I also find it interesting that mot's Council are not 'strack for cash', yet they are quite prepared to 'force' apellants, such as mot, to go 'cap in hand' for legal aid (to which she may or may not be entitled) in order to stand any chance of getting her appeal decision reversed.

This is one reason that I suggest that mot goes to CAB, as they MAY be able to refer her to a Solicitor who specialises in these types of cases.

No prob Rog I know many people are confused by the way funding of organisations work. Shelter have volunteers but they are normally administrative Assisting with funding or office stuff etc.

CAB in many areas refer housing to shelter or housing law centres rather than their own solicitors but not every where.

I Beleive ther has to be a solicitor locally who will operate the legal aid scheme for housing issues and mot can obtain that info on www.legalservicescommission.org.uk to see who she has a choice of.

It is often better to have an oral hearing as then you can answer any questions as they arise and of course ask your own.

Relevant case law

saunders v hammersmith and fulham lbc 1999 6 cld 347 west london county court.

Local authority found applicant intentionally homeless for rent arrears claimant presented list of expenditure and stated she could not afford the necessities of life and pay the rent appeal was successful as court found decision to be irrational.

There are successes out there it takes time to find the relevant ones unfortunately will continue to look after work.

teeni

floss2

We need to remember that this is at "Review of Decision" stage, an "Appeal to the County Court" is the next step if still not in MoT's favour.

ampersand

rog2 - excellent post 1150.
Yes, I am sure many of us are struck by the cloned format of this Council's Appeal Minuting.
Just to clarify - followed various leads re: RELEVANT local solicitors and it's all very much at prelim. stage yet.
mot will discuss her situ with a particular solicitor from a particular firm, to determine whether or not - and on what terms - they can represent her and, should it prove necessary, instruct Adam Fullwood's Chambers.
Law Society were helpful-ish on phone, but site info. can only be as good as any updated info. which the firms themselves must attend to.
At first blush, the firm mot has rung did not list the area of expertise the Law Soc recommended I search. However, their name arose twice more via more local and lateral digging, so...we shall see.
We all want it to be so, but I feel X's WILL direct mot to suitable help, even if they cannot provide it.
Another VERY promising source arose just a short time ago, too - have pm'd mot as I don't think it has arisen here yet.
Are we all having a Nice Cup of Tea yet?

teeni

floss2 wrote: »

We need to remember that this is at "Review of Decision" stage, an "Appeal to the County Court" is the next step if still not in MoT's favour.

It is only at review stage but appeal has to be on a point of law so unless they make an error in law appeal will not be open. You can not appeal just because you dont agree with the decsion. ( unfortunately sometimes) There fore as much info as possible for review is essential.

Case law is relevant because if the review panel do not consider it when making theri decision this could provide the point of law that is needed to apply for an appeal.

ampersand

Exactly, teeni.
Thankyou for making this substantial and pivotal point.
The only trouble I find as I trawl through old Case Law, is then determining the parameters which were operating at the time of decision.
But that fine word IRRATIONAL is one to seize from the Saunders v. Ham and Ful case.
I do believe it holds here.