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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My sick wife & I were given final quit notice January 16 2015

Customer Question

My sick wife & I were given final quit notice January 16 2015 by our children & Lewisham council provided accommodation for us in Croydon. Because my wife was not working, my housing benefit was used for the payment. My wife passed on June 24, 2015 and the council is asking me to leave the accommodation without providing an alternative. Their reason is that my wife is registered as the main applicant and that I am a member of the household. After the death of my wife, the council changed the property to my name and continue to use my housing benefit for payment. The council is now saying after July24, 2015, the accommodation is cancelled and their property provider had been instructed to evict me. The council is advising me to approach single parent intervention for new homeless application and to me it is not fair. Please advise
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When did you move into the property and what type of tenancy did you have please?
Customer: replied 1 year ago.
My wife and I moved into the property January 2015. When my wife died on 24/6/15, the property was changed by the lewisham council from my wife name to my name on 24/6/15. A form was filled for me saying the tenant start date is 24/6/15 but no end date and I signed the form.
Expert:  Ash replied 1 year ago.
What type of tenancy was it? An introductrory tenancy or secure?
Customer: replied 1 year ago.
I know the form filled by council which I signed contains my name and tenancy start date of 24/6/15 but no end date of the tenancy. I do not know the difference between introductory tenancy and secured tenancy but I am a tenant to the council and this is not disputed
Expert:  Ash replied 1 year ago.
Its bad news I am afraid, as you have this for less than a year it seems an introductory tenancy, this means you have limited rights. This mean you can be asked to move. However they can't just evict you, they must get a Court order.
Once they have a Court order for possession then you can go to homeless services who must re-house you. But sadly until you have that possession order they wont.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The benefit section of Lewisham council wrote to me on 15/7/15 that I was underpaid £31500 and later wrote another letter that I am over paid £1000.50 since the council stopped my tenancy on 24/7/15. With this conflict in benefit, do I have a right to dispute their benefit decisions? The council further stated that the underpayment will be paid into my rent account and the same council is talking me that my housing benefit and tenancy have been stopped and that an overpayment of £1000.50 must be paid by me representing the days council stopped my tenancy from 24/715 to 17/815. Please what do I do next?
Customer: replied 1 year ago.
Please you have not replied my last message
Expert:  Ash replied 1 year ago.
Yes you can appeal their benefit decisions. You have 12 months to do that. You must lodge an appeal.
Alex
Customer: replied 1 year ago.
I have gone to single homeless to be rehoused and am waiting their decision. What are my chances of being rehoused following my case?
Expert:  Ash replied 1 year ago.
They should yes.
Alex