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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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If a judge agrees with the council and I hav to leave the flat

Resolved Question:

If a judge agrees with the council and I hav to leave the flat what woulf happen to all my furniture and personal belongings as a pensioner I cant afford transport and storage.
Regards
David sanders
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
Are you being evicted?
Apart from your pension do you receive any other benefits?
Customer: replied 2 years ago.

I have a small private pension

this is my possion


David Frederick Sanders


11 Greystoke House


Friary Estate


Frensham Street


Peckham SE15 6TQ


I have been refused succession of tenancy and I have received a 28 day eviction notice which will make me homeless can you help me.

I moved to the above address with my mum and dad in 1955. I was 8 years old I spent the next 14 years their all my childhood friends and memories are here. I have been coming and going to this my family home for the past sixty years my Grandmother and father died hear now my mother,.

In 2009, I was living and working in Spain, when I received news that my mother was seriously ill in hospital. I come straight back to find she had heart failure, fortunately she pulled through but was very dependant, as I am her only child so I decided to move back to take care of her taking early retirement and living with her.

She steadily regained her strength and was able to carry out most of her daily tasks.

As we are both independent people, I took lodgings close by so I could attend to her, staying at the flat for 4 to 5 days a week. I did this for about 4 years saving the social services a small fortune.

Late 2014 she started to get dizzy spells and was prone to falling she cut her leg badly and walking was now a problem.

In April this year I came home as usual to get the shopping and found her lying on the floor, she had been there for 17 hours. I call the doctor who sent a medic to check her out, I was told that if it had been winter she would have died, at this point I left my lodging and moved in so I could be with her 24/7.

I informed Bexley Council of the move and cancelled my housing and tax benefits, I also informing Southwark Council of the move and asking if there are any changes in the rent and council, no reply as yet the rent is still being paid by me at the rate set for my mum.

Some weeks later my mum had a bad turn and was taken to IC at Kings Collage where 10 days later she passed away cause of death unknown and is still with the coroner.

This was so unexpected as she seemed OK in herself, even the hospital doctor some three weeks earlier after a routine check had sent a letter saying Joyce was in good cheer and that they are going to cut back on her medication.

I still don’t have a cause of death certificate the coroner is still investigating this, and has issued me with an interim certificate so I could have her cremated 9 weeks after she died.

This has been the worst time of my life and to make things even worse ….............

Southwark Council via Ms Juliet Ugoji are saying that I cant stay in the flat and have serving me 28 day eviction notice with no offer to rehouse me.

My family have lived here for 60 years, rent and rates paid on time, and for the last 4 years I have paid all the bills personally and they are all in my name, I was born in Peckham as was my mum and dad, My Doctor, Dentist, Hospital, Banking, all my belongings and memories are at this address. Now at 68, I am not in good health awaiting surgery, and the council are making me homeless, have I no rights, where is the compassion, what am I to do, where will I go.

Who Cares

David Sanders

Expert:  Alice H replied 2 years ago.
Hello David. I am very saddened to hear this; you are clearly going through a very difficult time. Unfortunately, the council is not obliged to transfer the tenancy to you nor are they obliged to transfer you to another property. But they do owe you a duty of care and should not evict you and force you out of the property without somewhere else to go. You need to make an urgent application for rehousing with the council although the new accommodation might not be available to you until the day of eviction. You need to speak to the housing team about this as soon as they re-open after the Bank Holiday. As far as your personal property is concerned: the council will usually keep this in the flat until you can move it elsewhere but it's unlikely they will hold the property for more than a couple of weeks. I hope this helps you to understand the position more clearly.
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