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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Stop a possession order urgently

Resolved Question:

I need urgently to fight a possession order. I was told my only option is to file a N244 form and I need advice on this
The summary of the case is I was entitled to and should have been given succession right to my sister's flat when she passed away in Dec.
The coop refused to entertain my application claiming that there is no succession right to the flat as it was a fully mutual housing coop. This is despite the fact that I met the terms set out in the housing act 1985 and the criteria listed on the coop's website.
Due to admin, postal errors & my ill health I didn't get notice of court hearing until 7 days to the date at which point I applied for adjournment but the judge didn't grant it and the judgement was passed against me in my absence. The judgement was
A poss order to vacate the premise forthwith
Court fees to be paid today 14/05
Rent arrears to be paid
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
I don't understand why it's so difficult to get answer to this question especially when I have asked similar question before and Joshua answered it and I can see he's still active. The only diff I see is the question fee. If what you need to answer my question quickly is to change my subscription then I'm willing to do so. Just tell me what package you want me to sign up for
Expert:  Nicola-mod replied 3 years ago.
Hello,

Unfortunately I have had no feedback from Experts about question price.

We will continue to look for a Professional to assist you.

Thank you,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Do you still need help?

Customer: replied 3 years ago.
Yes I do, please
Expert:  Ash replied 3 years ago.
Has there been any previous succession and how long did you live in the property before the other person died please?

Customer: replied 3 years ago.
There hasn't been any previous succession attempt to the house and I lived in the house for at least two years before my sister's death.
They wouldn't even entertain my application and gave different inconsistent reasons for why I caould not succeed to the tenancy before finally stating that ''as a fully mutual housing coop there is no contractual or statutory rights to succession'' as the reason in their possession order claim form
Expert:  Ash replied 3 years ago.
Has there been a court hearing giving possession please?

Customer: replied 3 years ago.
Yes. I was Ill and couldn't attend and too little notice to send a defence or appoint a rep. Despite emailing to notify the judge and to ask for adjournment he didn't grant my request and he gave judgement against me.
I have been ordered to
Vacate the premise forthwith
Pay £997 legal fees to the claimant
Pay £300 rent arrears
Expert:  Ash replied 3 years ago.
Did you file a defence?

Customer: replied 3 years ago.
No. I received the notice of hearing just less than a week to the hearing date. I was sick and barely mobile so I called the court to enquire about my options and I was adviced to email in requesting adjournment which I did. Although I was told I would get a reply back I never did. It was on calling the court to chase up my request that I found out the hearing went ahead.
Expert:  Ash replied 3 years ago.
Ok. Is this a housing association? What is the type of tenancy you have?

Customer: replied 3 years ago.
It's a housing coop. And since my sister's tenancy started in 1996 I believe it's an assured tenancy as it's not stated in her tenancy agreement
Expert:  Ash replied 3 years ago.
What happened to the previous tenant? Does the agreement give a right to transfer.

Customer: replied 3 years ago.
As I stated above my sister, the previous tenant, died in december. The tenancy agreement made in 1996 mentions nothing about succession but on the coop's website it's stated that family members are entitled to succession as long as they have lived in the house for 12 months prior to the death and there was no previous succession.
Expert:  Ash replied 3 years ago.
Yes this is correct, there can only be one succession.

Therefore you need to apply using form n244 to set the previous order aside. You need to show that you have lived there for 12 months and there has been no previous succession.

If you can do this then you will be entitled to stay.

Please see

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

Can I clarify anything.

Alex

Expert:  Ash replied 3 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.

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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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