Eviction notice served

teeni

Gforce wrote: »

I wish I could give you some hope MOT but I just don't know. What should be happening and what is happening seem to be two very different things in your case.
I am very sorry that your application has not been handled the way it should have.

I would agree here that this is not a report, and whilst the housing officer has to make her own conclusions from reading the report it would appear that she has decided to ignore the now medical opinion that there is not enough evidence.

IF after receiving this report she did not ask you for mots thoughts on it or whether you have any additional information then this is grounds that your solicitor can use .

I strongly agree with gforce that the housing officer is not handling matters in the correct manner and therefore if the review does have a negative result there could very well be grounds for appeal to couty court.

Teeni

silvercar

Isn't whether you were capable of dealing with your finances irrelevent if your landlord was selling the property anyway? Or is your landlord saying he only decided to sell up because the rent wasn't paid so he couldn't afford to keep the property?

teeni

I seem to remember reading earlier that the property went on the market about the time mot moved in, and mot also said that she found that the landlord had lied to the authority according to the housing file.

Mot has not said in which way he lied, However if the landlord has said he only sold because of rent arrears and mot can prove it was on the market when she moved in this would assist her greatly. Again the h/o should have told her what info was being used against her and given her the oportunity to answer the allegations.
The housing office seems to take great pleasure in advising MOT that she has only lost two reviews because of her thorough invetigations, but she seems to have forgotten that as well as being thorough she has to follow the legislation.

Teeni

italian-tony

teeni wrote: »

I seem to remember reading earlier that the property went on the market about the time mot moved in, and mot also said that she found that the landlord had lied to the authority according to the housing file.

Mot has not said in which way he lied, However if the landlord has said he only sold because of rent arrears and mot can prove it was on the market when she moved in this would assist her greatly. Again the h/o should have told her what info was being used against her and given her the oportunity to answer the allegations.
The housing office seems to take great pleasure in advising MOT that she has only lost two reviews because of her thorough invetigations, but she seems to have forgotten that as well as being thorough she has to follow the legislation.

Teeni

Hi all,

I-T and twins watching Robin Hood so I thought I'd look and see whats been happening.

Yes, silvercar the LL has said in his statement to the council that he was selling my cottage due to my rent arrears - he also told them he had had to work all year to pay the mortgage - and this is the man who constantly kept coming into the courtyard in tennis shorts at all times of the day saying that he had been/was going to play tennis, or off to golf!

I am going to ask the previous occupiers of the 'big house' to sign a form to say that they knew the cottages and 'big house' were on the market when I moved in as despite 2 emails to LL he will not put in writing that this was the case.

The LL also HAS to sell the properties before the end of January 2008 or he will HAVE to pay Capital Gains Tax on them:rotfl: :rotfl:

The first I knew of the Medical report was when I opened the file on Thursday night and even then I didn't read it thoroughly until I was in the solicitors yesterday, so the HLO has never asked me for my thoughts on this at all.

Gillianh2

I am so glad that things went so well with the solicitor yesterday MOT.It certainly looks like HLO has shot herself in the foot following the medical report:rolleyes: Fingers crossed this will blow her apparent "winning streak" well out of the water.:D She should have all the other cases reviewed as perhaps she has made the same "mistakes" on these cases as well.

\))))))))))))))))))HUGS))))))))))))))))))))))))))))

italian-tony

mumoftwins wrote: »

Oh ok I'll type it in and see waht you all think

" MATTER UNDER CONSIDERATION:
Homelessness: Intentionality
INFORMATION CONSIDERED:
applicant's own declarations
Dr ****** GP Date

The issues are:

DEPRESSION AND ANXIETY

Based on the information provided, the applicant appears to have developed symptoms of depression and axiety folling the break up of her marriage and in the context of stress at work. She is currently in receipt of fluoextine (Prozac), a standard anti-depressant agent at 20mg once daily (standard dose) and takes propranolol, a beta-blocker to help with syptoms of anxiety at 10mg thrice daily.

There are no other relevant medical issues.

The issue appears to be one of intentionality, and wether the applicant was sufficiently incapacitated in her decision-making, such as that she was unable to organise her finances and pay her rent. As is the case with depression, this can slow cognitive functioning and cause aviodant patterns of behaviour. There do not appear to have been any psychotic processes in the context of the applicant's mental health difficulties - this is often the reason why an indiviual may be deemed to lack capacity.

Whilst it would seem likely that the applicant's mental health difficulties may be contributed towards her difficulties in paying her rent and her subsequent eviction, based on the limited information provided, it is difficult to say that she was not capacitous in her decision-making at that time.

However, it may be prudent to obtain a pscyhiatric report relating to the events leading up to the incident in question, and I would of course happily review this on receipt of more detailed information regarding to her mental health issues and the event in question.

Dr ******
Psychiatric Adviser "



Well, what do you make of that?

DEFINITION OF PRUDENT = CAREFUL AND SENSIBLE

mumoftwins

Gillianh2 wrote: »

I am so glad that things went so well with the solicitor yesterday MOT.It certainly looks like HLO has shot herself in the foot following the medical report:rolleyes: Fingers crossed this will blow her apparent "winning streak" well out of the water.:D She should have all the other cases reviewed as perhaps she has made the same "mistakes" on these cases as well.

\))))))))))))))))))HUGS))))))))))))))))))))))))))))

Hi Gill,

Lets hope so! I know the solicitor will go through my file with a fine toothcomb but so will I to see if there is anything else that can used against the LA.

mumoftwins

Just what time DOES Robin Hood finish.............................?

silvercar

I am going to ask the previous occupiers of the 'big house' to sign a form to say that they knew the cottages and 'big house' were on the market when I moved in as despite 2 emails to LL he will not put in writing that this was the case.

The LL also HAS to sell the properties before the end of January 2008 or he will HAVE to pay Capital Gains Tax on them:rotfl: :rotfl:

The pre-budget changed the CGT rules. In a lot of cases the tax bill will be lower if the sale takes place after the start of the new tax year in April 2008.

The reason for your eviction could be the evidence you need. If you were evicted on a section 21 notice that shows the landlord wanted his own property back (no specific reason required) ; if its a section 8 then the reason you were evicted is because of rent arrears.

You could use the arguement that the landlord used a section 8 because the rent arrears were an excuse to get you out rather than the reason, but that arguement falls down in that a section 21 notice is mandatory whereas a section 8 is discretionary (ie a judge has the power not evict). Given the choice a landlord would always use a section 21 as the judge would have no discretion but to evict if the notice has been served correctly.

bringmeshoes

Hi MOT
Glad to see that IT is still taking care of you and the twins and you are all able to enjoy a nice weekend together despite everything that is going on. I know how hard it is to stay motivated and enjoy things when you are in the grip of depression, you are going a fantastic job.
I am sooo mad that they have let this get this far at the end of the day you have two fab kids that you have to look after, has the wicked witch (HLO) actually considered the inplication that all of this is having on the twins? Does she not realise that they are people too and and the effect that all the disruption and uncertainty may be having on them?
we are all rooting for you.