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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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my daughter has had a problem regarding her council house.

Customer Question

my daughter has had a problem regarding her council house. The people next door have made life impossible for her to live there amicably She went to court and the judge believed the people next door as they are old and they said that my daughter was to blame for the troubles and the judge said that my daughter had to leave. She has nowhere to go and she has 3 children of school age. The council last week relented and said to my daughters solicitor that they would grant her another place to live pay for the first months rent and removal costs. This was agreed by my daughter. This was said direct to her solicitor and another witness. My daughter today has been told that the council has changed their mind. Can this be done or can i sue the council
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.

Why has the Council changed their mind?
Customer: replied 2 years ago.

They have not given any reason to change their mind.the decision just came out of the blue. How can a council evict an innocent person with three children one of which has learning difficulties and has to go to a special school. Furthermore if the children are put into care this would have serious implications to the one with difficulties as she finds it very hard to communicate with other people and she needs her Mother to be with her all the time

Expert:  UKSolicitorJA replied 2 years ago.
I will revert.
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out. What type of tenancy does she have please?

Customer: replied 2 years ago.

she is a council tenant that has been constantly harrassed by her neighbour a 73 year old frail woman who has constantly shouted over the garden fence at the children calling them scumbags etc.This harrassment has been going on since my daughter moved into her premises.To cut a long story short as I have not got the time or the space to tell you everything the neighbour twisted it round and said that the harrasmelnt was coming from my daughter. It went to court and the judge felt sorry for the neigbour and said that my daughter had to go. She was told by the council that the likelihood was that if she did not find any private accommodation by a certain time she would be homless and put out into the street and her children would be put into care. Two weeks ago the Council relented and said to my daughter's Solicitor that if she moved out the Council would find her another place to live. Three days later the Council changed their mind (reason we do not know about) and now tomorrow she faces Court again and she is in no doubt that the Council will throw her out on the street and put here three children (one of which is a special needs child) into care which would have a devastating effect on the children. Is there anything I can do? Is there a law re "breach of promise?"

Expert:  Ash replied 2 years ago.
Has your daughter been keeping a diary of the harassment? Did the council confirm in writing that she would be moved please?

Customer: replied 2 years ago.

I do not think that she has a diary of the harrassment but I am also positive that the neighbour has not either. The council said that they would move her to my daughter's Solicitor unfortunately this was not put in writing but I believe there was another witness also to this statement.I would have thought that by saying this to the Solicitor (who I would have thought to be a man of integrity) would be sufficient,.especially if the said Solicitor would testify this in court tomorrow. By the way the Solicitor has said to my daughter that he cannot mention this in Court tomorrow which I think is totally outrageous.

Expert:  Ash replied 2 years ago.
On what basis have they changed their mind? Are they saying it was never said or the revoked the offer?

Customer: replied 2 years ago.

They have NO basis to change their mind they are just revoking the offer made to the Solicitor and they have no basis to change their offer to was completely out of the blue

Expert:  Ash replied 2 years ago.
Ok, what you have is a legitimate expectation.

You need to do several things

1) Write to the Council and formally complain. That will be investigated and you should write to the chief officer and set out your position and what you want to happen. That office will then investigate.

2) If you are unhappy with the reply you can then take it to the ombudsman. They are free and independent of the council. They will investigate your complaint and then make findings.

Their website is

3) If you are still unhappy you can seek a judicial review. This is where a high court judge looks at the decision of the council and sees whether they have the legal power to make it and whether it is reasonable. The judge can agree with the decision or remit it back for further consideration.

But these steps should resolve your problem.

Can I clarify anything for you about this today please?


Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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