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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my daughter lived in housing assosiation housing. she is in

Resolved Question:

my daughter lives in housing assosiation emh  housing. she is in the middle of a house swop to another assosiation. The move has been suspended as the gas  maintenence department have said they couldnt get access to the property. The first my daughter was aware was when she recieved a court letter She was not called by her housing officer who was aware of the situation. they claim to have sent several letters and put stickers on her front door. none of which happened. she lives in a flat so there could have been some confussion. She called the company who accessed the property and cancelled court proceedings. However she is now being told that she will have to pay £450.00 in court costs incured by ythe company, before she can move, what rights do we have what can we do she is a single mum / student on benefits.

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 :

Has a witness statement been included in the Court papers please?

Customer:

yes there was listing the alledged attemps to obtain access

Alex Watts :

Has she filed a defence yet?

Customer:

no nothing emh have told her they have stopped court proceedings as they have now had access to her property. however they are still saying she has to pay them 450 as this is the amount they have spent so far pertitioning the court.

Alex Watts :

Sadly the answer is no.

Alex Watts :

If they have discontinued then the rule is they pay the costs.

Alex Watts :

She only has to pay if the Court have ordered it

Alex Watts :

If the Court have not ordered it, she does not have to pay

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

so unless they continue with the couet action they cannot request payment. as they have now had access to the property i take it there would not be a case to answer is that correct?

Alex Watts :

Correct.

Alex Watts :

The Court can then just deal with the issue of costs if that is a live issue

Alex Watts :

Either to award or not to award them

Customer:

Thank you very much for the advice you have helped

Alex Watts :

Happy to help. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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