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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning I will be as quick as I can. I applied

Customer Question

Good morning I will be as quick as I can. I applied after we sadly lost our mum. I have a flat which I do not live at due to ASB & Rats at the property. After 7 months the Landlords refused succession they acknowledge I met the criteria with the documentation I submitted but they did not believe my reasons staying at the flat. I have very strong evidence to support both claims 100 photos all dated, film recording, ASB record, Pest control appointments from my local council & another pest control company who are in the process of retrieveing all my appointments with them; they had a new system put in which has corrupted the old files, I have dated letters emails too all mentioning Rats at the property. Two Solictors kindly gave to free advice one said I dont need a Solicitor just re-send my evidence, the other said wait till Notice Seeking Possession is served as they dont have the capacity now & they will apply Aid. I am reluctant to send the evidence to the landlords as I have no confidence in them I am happy to wait but I have just realised the landlords back in July, told me I could not surrender the flat but my dad thinks I may have been mislead as holding onto it looks as if I have an alternative address. Thank you time
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Do you want to know whether to wait or send in the documentation now?

JACUSTOMER-ysuqtfue- :

Alex yes I would like to know what is my best next step and any possible outcomes from the decision I take; send or wait solicitor to take the case and highlight if the Landlords are in breach of anything during this long process thanks

Alex Watts :

I would send it it now. You want to avoid a notice to quit if you can help it.

Alex Watts :

If that does not do any good then as the Solicitor said you can get legal aid.

Alex Watts :

It may be that after the notice to quit they issue possession proceedings and it may be those proceedings which you defend which a Judge will decide whether to allow possession or succession.

Alex Watts :

But you need to be aware it may have to go to a Court trial as they may not accept the documents

Alex Watts :

Usually there can only be one and you need to be living in the property months.

Alex Watts :

If you can show this then you would be entitled to succeed.

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-ysuqtfue- :

I have been served Notice to Quit which ran out on Dec 14th 2014 it was then one of the solicitors said wait next step the possession order then they may have time to take the case. Notice seeking Possession was served on 22nd January 2015. I have been living at my mums and continuously from 2012 hence the documents i provided they acknowledge meet the criteria but they do not believe the reason staying at the flat thanks

Alex Watts :

Ok - then it may be you can submit the documents now or wait until Court proceedings.

Alex Watts :

In any event they will need to be disclosed anyway

Alex Watts :

You want to avoid Court if you can.

Alex Watts :

So if you can submit them and ask them to review their decision.

Alex Watts :

You can even ask the Chief Officer to look at the case.

Alex Watts :

That may not do any good but at least it means you have tried to avoid Court

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-ysuqtfue- :

Where and who is the chief Officer I would be happy to send the information if I could get someone else to review it sending to back to the same team I have reservations

Alex Watts :

The Chief Officer is the head of the organisation

JACUSTOMER-ysuqtfue- :

okay thank you help

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I will do so; the solicitor who said to re-send the evidence gave me 2 pertinant questions to ask which I shall and if then it is refused he said to contact him i will have to pay, but he said they must state in detail their factual findings as I would like to show this to my solicitor

Expert:  Ash replied 2 years ago.
Indeed. Good luck and let me know how you do.
Alex

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