Hello - my name is Leanne and it will be my pleasure to assist you today.
What was the bill for?
They said the bill was for weekly cost of emergency accommodation as I was living in a council property while owning a property.But They said it was okay then and i was paying council tax for both properties openly to the same council over the years and they did not raise this issue until I handed the property over to them voluntarily
Did they ever tell you that you would be invoiced? What period does the invoice cover?
No they never told me that I would be invoiced and it covers the period of 6th october 2003 to 29th april 2013. They said they believed I may have rented the property out which I never did.Everything was transparent
But there is no finding that you ever rent it, nor any Court possession order?
And what is the £121k for - rent?
No finding ever that I rented it or any court possesion order as I handed the flat back voluntarily.They said that they have evidence that different people have lived there which is right from my sister in law to about 3 different relatives but they were not paying me any rent
And I dont understand what the cost is for - is it not rent?
They said the 121k is for them subsidizing me living in a council flat while owning a property . But I did ask them and they said it was okay.I paid the rent and council tax in full before handing it over to them. They said that I must have made money from perhaps renting the flat which was not true
Ok. I assume the charge is therefore breach of tenancy because you have your own property. They appear to be charging you as they, I assume, claim you have made a gain.
However I doubt there is a provision in their contract that allows them to make such a charge.
Further even if you were liable for the costs then they would only be able to claim costs going back 6 years, so 2007. Anything beyond that would potentially be statue barred under the Limitation Act
Therefore you should reject the charge and make a formal complaint to the Chief Executive. Their office will investigate the matter and report back to you.
But my view is that the decision is not reasonable, they never notified you that there may be or would be a charge.
And in any event charges over 6 years would be out of time
So take that step and if you are not satisfied with the response then you should complaint to the Ombudsman who are independent body. They can be found at: www.lgo.org.uk
Does that answer your question?
Please also advise me on the legislation that governs the circumstances of living in a council accommodation and owning a property as at 2001 please?
There is no legislation it is a matter of contract law.
Although there has been talk of making it a criminal offence
Welcome. Can I assist further today?
Thats fine thank you
Great. Please remember to give me a great rating - thanks. And good luck with this