signed tenency landlord backed out!

I dont think there is a way they can back out of this contract.

AFAIK if you have been given a contract and you wont come under distance selling /cooling off. I wokred in LAs before and there is NO WAY that there is a 7 day cooling off period, as the amount of work in getting an offer to tenants, viewings it, getting it to sign it - the last thing the council will want is anyone moving in and saying they dont like it for one reason or another. I know of people who have moved into properties and when they have got there realised some repair needed to be done- and want to move out, and the council have stated a resounding NO CHANCE.

I suggest your housing officer is the first point of call, they certainly should know why the HA is asking for the keys back, I would personally just say NO. I kinow how hard it is to find that sort of accomodation in London, whatever you do do not hand the keys back at this stage. -

Have you paid any rent in advance or a deposit of any kind?

The Housing Associations are usually "partners" of the Council, in the provision of Registered Social Housing.

If the Housing Association is registered with the Housing Corporation then it is obliged under the Regulatory Code to have a “fair and effective” formal complaints procedure, so ask the HA for a leaflet on their complaints procedure.

Ask the HA to confirm in writing who at the Council has made this decision, and on which particular grounds, and why the “suitability” was not discussed between HA and Council prior to you signing up.

You have to give the HA the chance to deal with this first and if you’re not satisfied you can then take it on to the Housing Ombudsman Service (all HAs that are reg. with the Housing Corp. are members of the Ombudsman Service)

There is a deadline for taking any case onto the Ombudsman: this is 12 months after the end of the HAs own complaints system.

If you can show that the HAs own complaints system is inadequate you may be able shift your case onto the Ombudsman prior to the end of the HAs procedures for dealing with your complaint.

Note that you only use the Housing Ombudsman for HA complaints - if a Council Tenant needs to complain, they go via the Local Govt Ombudsman.

At the same time, once you have got the information fromm the HA about which Council Officer/Team is dealing with your case, you then take it up with them. If necessary find out who at the Council has responsibility for dealing with potential Disability Discrimination.

Find out who your local Councillors are and get their involvement - enter your postcode here: http://www.councillor.gov.uk/

As the others have said, also contact Shelter 0808 800 4444 7 days (8am-8pm) who will be able to give you valuable guidance and support


Edit: Housing Ombudsman contact:
Tel: 020 7836 3630
email: [EMAIL="ombudsman@ihos.org.uk"]ombudsman@ihos.org.uk[/EMAIL]
website: www.ihos.org.uk

Just remembered this - When my now ex and I were told to sign a tenancy agreement (free accomoadation with his work) we said we didn't think we should but the housing officer made us. The council went mental as we shouldn't have - they don't like residential staff having proper tenancies - and we had to sign some legal papers to undo it. It wasn't as simple as just tearing it up - so we did sign to cancel it.

barnaby-bear wrote: »

Could there be some condition / proof etc... i.e. were only offered tenancy provided that had medical evidence/claimed xxx etc and the contract void because one party not truthful? I know councils can revoke tneancy if fraud in obtaining it.

I suppose you can put such a condition in (whether it would stand up I doubt - see below) although really you need to do all of this sort of check before the tenancy is created. Once a tenancy is created by occupation and the paying of rent then only a court can terminate and only on the grounds in schedule 2 of the housing act. I suppose a LL could try ground 17 (introduced by the 1996 act) to effect an eviction in such circumstances but this is a discretionary ground so if T can spin a good sob story then the action is likely to fail.

The golden rule is that once T has possession and has paid rent then tenancy exists, irrespective of what might be written in any agreement. Common law and statutory rights will always take precendence.

Ground 17
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a) the tenant, or
(b) a person acting at the tenant’s instigation.