Eviction notice served

floss2

ampersand wrote: »

What does it contravene to leaflet each and every of these good folk and flag the circumstances of the forthcoming Appeal up to them? Make them aware that the panel of five on the day are ALL aware of what they stand to gain/lose in publicity?
Why not think the unthinkable and then do it?
mot has experienced the unthinkable and unbelievable up till now.
Other views please?

She may been seen as "perverting" the review process...maybe better to try & get her Councillors on her side. IMO the Council may look at it as a reason to support the HLO & uphold the original decision.

Still trying to get that figure from our Advice people....will post when I have figures.

Floss xx

saffronflowers

MESSAGE - FROM MOT

She has just called me the appeal is on the 3rd December Monday.

SFx

rog2

ampersand wrote: »

#############
The Appeal process SEEMS(in deference to and respect for Gforce and teeni) ludicrous, in that they allow no personal reps, present printed statements to a Committee of whom I see only one councillor so designated on their own site. In fact, 'keeping our clean sheet' could almost be seen by them as a 'Best Practice, Best Value' measure in the way that LA mission statements run these days.
Without any impartial observer present, let alone the Appellant, who know What is presented and How?

I totally agree with your 'summary' of the 'Appeals?' procedure, &.
This Council appears to be paying 'lip-service' to a procedure that is designed to ensure that it has given full consideration to all of the relevant facts in the appellant's situation. The 'template' minutes of an, otherwise, secret meeting would suggest that, unless every apellant has exactly the same personal circumstances (which I, for one, would find extremely difficult to believe) then the Council simply can not be assessing each and every case on its individual merits.
The whole concept of the 'clean sheet' council is totally abhorrent to me, and the idea that a 'public servant' would, or indeed could, place their own 'percieved' performance, within pre-set statistical boundaries, over and above the real and human needs of someone in mot's situation, is a frightening indicator of the way that this LA is being run.
I hope, mot, that you put a link to this thread in your letter to the Prime Minister.

silvercar

Am I right in thinking that the reason that MoT has had an eviction notice served in this flat is because the council have ruled that she made herself intentionally homeless by not paying the rent (that she couldn't afford) on the old home. And that really her previous landlord was selling the property, so the rent question was irrelevent?

Is the only reason that MoT has an eviction notice is that the council feel they have no obligation to house her?

Trying to approach things from a different angle. Who owns the current flat, a private landlord or a housing association or the housing association leasing it from a private landlord? I'm trying to establish whether the current flat has to passed back to a private landlord because the housing association lease on it is up or whether it is owned by a private landlord directly renting it to MoT.

One more question (and this is info gathering, not stone throwing) is the rent being paid for this flat?

I'm just trying to establish (a) where we are now and (b) if the council need MoT out of this flat for reasons unconnected to MoT.

chevalier

Big hugs to all of you. I think it is so unfair that they keep on delaying things. It is not right to put you through any more agony.

Quick question. Ref your last employment, do you think you have a case for constructive dismissal if it was for harassment? I know you have other things to think about, but when this IS settled successfully, then keep that in the back of your mind.

We are all rooting for you. Good luck with the appts.

teeni

The notice on the flat mot is now in was served because she had received a decision from housing that she was intentionally homeless and therefore they had no duty to house her.

This is normal practice as they have to give an applicant who is in priority need reasonable time to find alternative accommodation usually 28 days.

It is not because thay have to give the property back to the housing association who own it.

silvercar wrote: »

Am I right in thinking that the reason that MoT has had an eviction notice served in this flat is because the council have ruled that she made herself intentionally homeless by not paying the rent (that she couldn't afford) on the old home. And that really her previous landlord was selling the property, so the rent question was irrelevent?

Is the only reason that MoT has an eviction notice is that the council feel they have no obligation to house her?

Trying to approach things from a different angle. Who owns the current flat, a private landlord or a housing association or the housing association leasing it from a private landlord? I'm trying to establish whether the current flat has to passed back to a private landlord because the housing association lease on it is up or whether it is owned by a private landlord directly renting it to MoT.

One more question (and this is info gathering, not stone throwing) is the rent being paid for this flat?

I'm just trying to establish (a) where we are now and (b) if the council need MoT out of this flat for reasons unconnected to MoT.

floss2

Ok, our welfare rights people have advised that MoT rings the Herts Money Advice Unit (i've PM'd her the number) as apparently we are on Local Housing Allowance up here, & Herts are not, so HB figures may be different.

hey advise that she also rings the Community Legal Services Direct on 0845 3454345 for help finding a helpful Housing solicitor locally.....but I think others are helping with that!

They've also said that Shelter maybe waiting for enough reviews to always find in favour of the Council, before going for a judicial review on the Council's review process.....maybe why they are reluctant to get involved yet, as it maybe part of a bigger game.

rog2

floss2 wrote: »

They've also said that Shelter maybe waiting for enough reviews to always find in favour of the Council, before going for a judicial review on the Council's review process.....maybe why they are reluctant to get involved yet, as it maybe part of a bigger game.

My point entirely, floss. There certainly looks to be something dubious about the way this council conducts its appeals.

lindens

I haven't really posted on this thread having nothing really to offer except an ear, but I am absolutely exhausted by it all, so God knows how poor MOT is feeling, I really cannot begin to imagine.
I am an intelligent human being with no health problems, yet am now struggling with all the complexities and legality of it all. How are "normal" everyday people supposed to get through this awful quagmire. It is making me so upset and angry and helpless, and I have so much admiration for MOT, I-T and all the lovely clever people now helping her. I want to shout from the rooftops about the injustice of it all and want someone to listen.
I will continue to read everyday and follow the progress, and if my debt (as below) gets me down a little, I come back to this thread here and it puts my life into perspective because boy I am sooooo lucky, hey its just money I still have my roof over my head.
Please accept these big hugs and please everyone keep going til MOT has won
:T:T:grouphug::grouphug:

mumoftwins

silvercar wrote: »

Am I right in thinking that the reason that MoT has had an eviction notice served in this flat is because the council have ruled that she made herself intentionally homeless by not paying the rent (that she couldn't afford) on the old home. And that really her previous landlord was selling the property, so the rent question was irrelevent?

Is the only reason that MoT has an eviction notice is that the council feel they have no obligation to house her?

Trying to approach things from a different angle. Who owns the current flat, a private landlord or a housing association or the housing association leasing it from a private landlord? I'm trying to establish whether the current flat has to passed back to a private landlord because the housing association lease on it is up or whether it is owned by a private landlord directly renting it to MoT.

One more question (and this is info gathering, not stone throwing) is the rent being paid for this flat?

I'm just trying to establish (a) where we are now and (b) if the council need MoT out of this flat for reasons unconnected to MoT.

It is a Housing Assoc flat which the council use to house people on a temporary basis, and yes the rent is being paid.