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Eviction notice served

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  • jillie1974
    jillie1974 Posts: 6,997 Forumite
    still sinking in, cant believe that a council will willingly let a mother and 2 children be homeless.
    it makes me wonder how many other similar cases are there around the country that we just dont know about...
    'Children are not things to be moulded, but are people to be unfolded'
  • teeni
    teeni Posts: 1,193 Forumite
    silvercar wrote: »
    MoT is in council emergency housing so she doesn't have an AST. This means her rights are much less than anyone on an AST.

    Don't know how the eviction process would work.


    council do not need a possession order as she has no legal right to stay there once permission is refused. if she did not leave they would normally apply for a bailiffs warrant which would be granted immediately with immediate effect and an order for the costs would also be made against her so would only add to her debt problems.
  • teeni
    teeni Posts: 1,193 Forumite
    jillie1974 wrote: »
    still sinking in, cant believe that a council will willingly let a mother and 2 children be homeless.
    it makes me wonder how many other similar cases are there around the country that we just dont know about...


    a hell of a lot more than you would believe unfortunately
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    silvercar wrote: »
    MoT is in council emergency housing so she doesn't have an AST. This means her rights are much less than anyone on an AST.

    Don't know how the eviction process would work.

    Yes, did not think about that. Are council tenants on an AST does anyone know? I was speaking to someone today who was in council property and he mentioned (something that had happened to him/ex wife just recently) that it was the same process. So I thought I would question it, that all.
  • lorac3
    lorac3 Posts: 248 Forumite
    Gosh, terrible news. Onwards and upwards is the only way now. Can I just say two words 'Postal Orders '.
    Love and God Bless MOT xx
  • teeni
    teeni Posts: 1,193 Forumite
    Yes, did not think about that. Are council tenants on an AST does anyone know? I was speaking to someone today who was in council property and he mentioned (something that had happened to him/ex wife just recently) that it was the same process. So I thought I would question it, that all.
    council tenants do not have ast's they have secure tenancies and can only be evicted by court order if they have breeched terms of tenancy agreement and court think it is reasonable to do so.. very difficult to evict from council property, but mot does not have a tenancy she has a licence to occupy which is very different.
  • silvercar
    silvercar Posts: 49,628 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Thanks for the info teeni.

    I just wonder if the council could be persuaded to allow her to extend her stay?...even for a short time.
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  • gilligansyle
    gilligansyle Posts: 4,124 Forumite
    Yes, did not think about that. Are council tenants on an AST does anyone know? I was speaking to someone today who was in council property and he mentioned (something that had happened to him/ex wife just recently) that it was the same process. So I thought I would question it, that all.

    I'm sure this has been said before, Council tenants are generally secured tenancies or AST. Housing Associations are generally AST. However, emergency accommodation is generally not a tenancy as such, but a license to occupy, and as such does not have the same legal rights as tenants. Its a long time since I was an actual Housing Officer, and that may well have changed in the meantime. There are plenty of people with more accurate knowledge than me.
    Debts at LBM - Mortgages £128497 - non mortgage £27497 Debt now £[STRIKE]114150[/STRIKE][STRIKE]109032[/STRIKE] 64300 (mortgage) Credit cards left 0



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  • sasp
    sasp Posts: 1,117 Forumite
    Just logged on, what terrible news. Count me in for donation, I will give whatever I can. Surely someone could speak to the press about the story and all these people offering support to a total stranger, that HAS to be newsworthy. What about the local MP, give them a REAL challenge. I'm so angry, just wish I could do more.

    MOT I'm soo sorry about the decision, please try to stay strong hun we are all behind you xx
    "You know, somebody actually complimented me on my driving today. They left a little note on the windscreen, it said 'Parking Fine.'"

    (How funny was Tommy Cooper)
  • teeni
    teeni Posts: 1,193 Forumite
    silvercar wrote: »
    Thanks for the info teeni.

    I just wonder if the council could be persuaded to allow her to extend her stay?...even for a short time.[/quot

    it is possible in some cases, but very rare especially as they have extended twice or maybe three times all ready, flat may already be re allocated.
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