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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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Hi I am a council tenant It all started when I had a complaint

Customer Question

Hi I am a council tenant It all started when I had a complaint about my garden, the council came round to visit a few times but I was at work. I am working in Walton on the Naze as a carer and away from my home 3 nights a week but often stayed there with my daughter at weekends as she lives there. I have 2 sons that live at home also my brother so my home was never empty. the council told me to tidy up the garden and get a job back in Watford which I was doing, then a fraud investigator called I went for an interview with him and was told I have to give up my home or go to court for fraud he also said I had to sign my home back to the council that day which I did. I am very upset they said my sons and brother would have to find another place to live as the council will not re house them. My 2 sons are both being made redundant in June and when I told the council this they said they can go on the dole and get housing benefit this shocked me as my rent and bills have always been paid on time. Please can you help I don't no if I should fight this as I don't want to lose my home.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

I would like to no if I can keep my house although I have already signed the paper work to hand it back. if I went to court about the fraud would I still lose my house I have lived there for 8 years with no other problems .

Expert:  Jo C. replied 3 years ago.
Is the essence of this that they do not believe you are living there?
Customer: replied 3 years ago.

yes it is, that is when they told me to clean the garden and look for work which is what I have done. I have told them I didn't always return home at weekends I was always very honest with them but when all this started I returned home all the time I was not working which is every weekend. I have done everything they asked me to do.

Expert:  Jo C. replied 3 years ago.
Are you receiving housing benefits?
Customer: replied 3 years ago.

no I have always worked

Expert:  Jo C. replied 3 years ago.
Just to confirm, you have already agreed to return the house?
Customer: replied 3 years ago.

yes they told me I had to sign the same day I talked to the fraud investigator or they would take me to court which was a week ago.

Expert:  Jo C. replied 3 years ago.
Thank you.

I'm not sure that I can give you any good news here.

They are clearly alleging that you are living elsewhere. If you are staying away for regular successes nights then it could be argued that should have been disclosed.

I have to say that I would have fought the allegation upon these facts. However, the risk that you run is that you will be charged and sent to court and have to defend it and with any criminal matter there is a risk of a conviction.

However, the difficulty here is that you have already signed over the house and there is no way around that. You could always tell them that you withdraw your consent but is I suspect that would be inadequate because you have already agreed.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


If there is no way of us keeping the house is there any help that my sons could claim to help them move into a privately rented property? Prices in our area start from £800 upwards just for rent without other utility costs?

Expert:  Jo C. replied 3 years ago.
Well, there may have been.

The problem is that the tenancy is in your name and you have signed it over now.

I'm not sure they could have proven this against you but thats all water under the bridge now.

If your sons are not working or working and earning under a certain amount then they may well be able to claim housing benefit to the sum it is capped in your area.

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