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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been given notice to quit my flat because of something

Resolved Question:

I have been given notice to quit my flat because of something my granddaughter did without my knowledge.
I was away visiting my daughter who is unwell,my granddaughter got a job in Dubi and left two of her friends in the apartment.
I came back to find the notice to quit .It turned out the two people she had left there did not get on,one of them rang the Housing Assoc.hence the notice.
WHat can I do,that is my only home.I am expected to leave by the 11th.of this month
HELP
Ms .h.Osborne. I am 72 years old
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Wont the Housing Association budge at all?

Alex Watts :

What did your granddaughter do?

Customer: They do not seem to want to budge and suggest we go to court.
Alex Watts :

But what was the issue(s)

Customer: My granddaughter moved two of her friends into the flat ,then got herself a job in Dubi went off and left them there
Alex Watts :

Oh I see. How long were they left there for?

Alex Watts :

How long have you been a tenant?

Customer: One was there for 1month and I am uncertain of the other who was her boyfriend.
Customer: I have lived there for 8years.
Alex Watts :

Ok.

Alex Watts :

You can do several things:

Alex Watts :

1) Complain to the property Ombudsman

Alex Watts :

They can investigate the matter for you for free. So you make a formal complaint.They are independent

Alex Watts :

Their website is:


http://www.housing-ombudsman.org.uk/

Alex Watts :

2) Lodge a defence at Court

Alex Watts :

The Court can consider any defence you have.

Alex Watts :

Given you have been a tenant for 8 years and I assume this is the first issue the Judge can suspend any possession order

Alex Watts :

That is suspend an order for possession on the condition you comply with your tenant

Alex Watts :

* tenancy *

Alex Watts :

Clearly you will need representation for that and you may be able to get legal aid.

Alex Watts :

3) Judicial Review

Customer: Ion.y have until the 11th. To vacate the flat
Alex Watts :

This is where a High court Judge examines the decision of the Association and decides whether it is legal and reasonable.

Alex Watts :

The Judge can agree with the decision or remit it back for further consideration,

Alex Watts :

But as this is a High Court matter then you would need representation.

Alex Watts :

Yes but this is a notice to quit.

Alex Watts :

If you dont move they can't just evict you. They MUST get an order from the Court.

Alex Watts :

This is where you can file a defence and ask the Court to suspend any possession order

Alex Watts :

The Citizens Advice or a Solicitor can help lodge a defence and represent you in Court.

Alex Watts :

But sadly you can't stop them issuing proceedings

Alex Watts :

But a Judge can suspend any possession

Alex Watts :

Can I clarify anything for you about this today please?

Customer: No thank you I will visit a citizens advice bureau Asaph and take it from there
Alex Watts :

Yes please do. I think because you have been there so long you could get it suspended.

Alex Watts :

Is there anything else I can help with today?

Customer: No thank you I am satisfied with your help
Alex Watts :

Great, if I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply. Good luck with this.

Ash and 4 other Law Specialists are ready to help you