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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I had a secure tenancy with the Housing Association and was

Customer Question

I had a secure tenancy with the Housing Association and was evicted from the property when the Council failed to pay the Housing Benefit, even though I was entitled to this benefit and provided them with proof of my entitlement. I am now homeless; who is responsible and who do I sue? Is there a housing lawyer who can take my case?
P Bailey
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name is Nic I will do whatever I can to help you today.

Was there an order for possession?
Customer: replied 4 years ago.


Yes, there was an order for possession but when I searched for the solicitors in the solicitors and barristers diary - I could not find them and assumed that the whole thing was a scam. I am on disability living allowance because in the past I had mental health issues and this is known to the housing association.

Expert:  UK-Justice replied 4 years ago.
And did the Council say you were not entitled to benefit or did they say there was a mistake in paying you?
Customer: replied 4 years ago.

For UK JUSTICE ONLY


 


They said I did not give them enough information. They wanted proof that I was not working and asked for bank statements which I provided to them twice. I still didn't know what else they wanted? Also after the eviction the Housing Association said that they would restore the tenancy as long as the arrears were paid but subsequently changed their mind.

Expert:  UK-Justice replied 4 years ago.
Did you contest the possession hearing at Court?

Did you apply to set the warrant aside?

Were you always on Housing Benefit or did circumstances change?
Customer: replied 4 years ago.

For UK Justice Only


 


I did not go court. Yes, I was always on Housing Benefit but I attended a medical and was judged fit for work and my benefit was stopped. I reapplied for the Housing benefit and filled out the application form and provided the bank statements of proof that I was not working.


 

Expert:  UK-Justice replied 4 years ago.
Did you apply to suspend the warrant?

Did you defend the proceedings in any way?
Customer: replied 4 years ago.

For UK JUSTICE ONLY


 


No, I did not apply to suspend the warrant and I did not defend the proceedings. I was in a state of confusion and I did not open any of the letters that were sent to me and the Housing Association are refusing to provide copies of what was sent. I said that there was a warrant for possession but I did not see it - I was going by what the Housing Association said they sent. The Bailiffs came but there was some confusion whether they were there for council tax or possession of the property and they wouldn't let me have the warrant and was put out of the property by the police.

Customer: replied 4 years ago.
Relist: Other.
Is the fee I paid included in the monthly membership if I join? The internet cafe I am currently using is closing in 10 minutes and I need to access the information another day without paying another fee. Do I have a case and can you recommend a housing solicitor? I am satisfied with the person who is dealing with my questions.
Expert:  UK-Justice replied 4 years ago.
On what basis did they reinstate benefit?

Were you working or was there a change in circumstances?