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Hello I am a solicitor with over 15 years experience. I will try to help you with this.
The property with the possession hearing coming up is the property that your friend lived in with her mother and still occupies? Who is the landlord?
Is it a social landlord?
Hello i am using a mobile phone its a bit slow.
The property with teh possession order is where late mother died and my friend was caring for her there. There are strong emotional and family ties and my friedn wants to keep living there, she is happy to give up the other tenacy but has not done so to avoid being made intentionally homeless.
The land lord is a local council housing assciation i.e. name of borough homes.
Do you know what sort of tenancy agreement your friend's mother had. Ho long had she been there? (this may help me work out the tenancy type). Whether it is a council house or a housing association one may be significant. Your friend lived at this address but had a flat which she paid for somewhere else but didn't live there? Can you explain a it more about that. It might be important.
Can you also clarify the landlord is seeking a possession order and has a court hearing to try and get one on 30th May?
Thankyou for that. I am busy for most of the rest of the weekend but will answer you this evening or tomorrow morning. I hope that is OK.
Hi, I thought that I would set out the facts in one full emil (as I was using mobile phone last week and may have missed questions)
My firneds has a court date set for noon on Friday 30th May 2014. The council is seeking a possession order the hearing is listed for ten minutes.
The docket is styled the mayor and burgesss of the council v my friend.
My friends mother was granted secure tenacy on 23rd November 1981. The council claims it was a sole tenacy but my friend lived there alongsidfe her younger brothers as children.
My friend has always provided care for her mother. Her mother was diagnosed with alehimers in March 2012 but my friend weas staying most days/nights with her mother from before Christmas 2011. My friend was signing on for JSA at the time. My firnmeds mother had council carers who came in for a some time morning and evening but where wholy in efecitive. Due to the effects of alheimers my fruiemd was able to become her mothers carer from about june/july 2012 (through the forms sent to the DWP where lost by them and the mother took till july/august 2012 to resign the duoplicates).
Where the council pays a carer this normally to a non relative and to someone not living at the premesis. Through the person who did the direct payment know denies it she knew that my friend would be living with weher mother. As the mother needed 24 hours support and the paid period fo support was for several hours in the week.
It is solely on the basis that the council told my friend that she could not give live with her mother that she was forced to run the other tenacy. She also has a younger daugtheer whos father was murdered in 2011 and who was atatcehd to her grand mother and it was consider not a good thing for her to see her grandmother failing, but if my friend could have given up the other tenacy she would have done so in a shot.
I have done a FoIA request to London councils and ity transpires that whilst the general rule is that one cannot be paid carer and live with the person you care for. That there are exemptins in the rules tro permit this to happen. I tink the council misdirected itself in not telling my friend and thus effectively prevented my friend from succeeding to the teancy as she fulfil the criteria, i.e. living for more than a year with her mother and being carer at time of death. Through the death ocured at a hospice as the mother sopent the final feew weks (maybe a moth) there.
Further the person who refused succession refused it prior to any application being nmade and then adjudicated the actual application. This person has shown bias aagainst my friend, and has bombarded her calls to hand the keys in prior to the mothersd death and also the day before the funeral.
Apologise for anyspelling mistakes.
OK so your friend was living with her mother for some time and it was in fact her principal residence. She had another tenancy I her name which she did not occupy. She didn’t surrender the other tenancy because she feared unintentional homelessness. The tenancy of your friend’s mother was a secure tenancy. Can you just tell me was your friend’s mother ever a joint tenant of the flat (eg with her husband?). If so, there may already have been a succession of the tenancy and can not be another one.
Your friend wants to stay living at her mother’s flat which she has been paying rent/occupation charges for. Her daughter (an adult?) has been living in the flat which is in your friend’s name.
AS far as defending the possession proceedings your friend will need to assert that she is entitled to succeed to the tenancy. The rules on this in a very simple form are:
A person will be qualified to succeed if:
If these conditions are met then she will be able to defend the proceedings on the basis that she is entitled to succeed to the tenancy. However there is some complex law on this issue and it would be very hard to raise these arguments without legal representation. If she was in receipt of housing benefit for her other flat she needs to be careful to make sure that she has not said something on her HB forms that contradicts her argument that she has succeeded to the tenancy.
It seems that your friend was in receipt of means tested benefits. If she still is then she would be entitled to free representation under legal aid. She should contact a local solicitor who specialises in defending possession proceedings. She will be able to find such a lawyer by following this link http://solicitors.lawsociety.org.uk/ It may be a good idea to check that the solicitor is a member of the Housing Law Practitioners Association.
I hope this answer is helpful but please feel free to ask further questions. I will be moving this question out of the chat section into Q & A but will still respond to any further
many thanks, XXXXX XXXXX helpful. The mother fled domestic abuse in Dublin in 1973. She did remarry but this chap has not been on the scence for at least 15 years and certainly not in the years i have know them.
my friends youngest daughter was staying at the other tenacy with her older siblings she is 15 years old now.
The problem is that given the misleading advice issued by the direct payment person (for my friend to be carer to her mum) that she could not live at the accomodation and be paid, through I understand that this can happen my friend does not have official documents showing living at her mums. except various deliveries from amazon etc.
I will advice her to get legal aid lawyer, and hopefully get a positive result. But as I say the diffciulty is beyound health professionals writing letters to confirm shes lived their there arwe no other docs such as electoral role etc.