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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a successor to a council property from last october

Resolved Question:

Hi I am a successor to a council property from last october and the council are requesting they want to apply for possession after 15th September and have served the first step towards applying to the court.The grounds are the flat is too large and require me to accept properties on the bidding website which I have done but unfortunately the properties are not available.They have set out in the grounds that I have refused two properties when in fact visiting one property the officer advised me not to take it the second property was given over the phone and details were not given and I requested by message for details but was advised to go to the website for lambeth properties and no other offer will be made by the lambeth living team. I moved in with my partner in 2013 to take care of her withe her stomach cancer which worsened in 2014 to the degree that everyday care was needed day and night and I needed to take her for treatment she would not be able to attend treatment although a nurse would visit the Hospital advised because of her condition that I need to totally care for her as she was unable to walk or look after herself at all she died on 26th october 2015.She asked me to send a letter to Lambeth living three weeks before she died she signed it it was asking the council due to her poor health if they would allow me to be a joint tenant to which they said the cannot she explained the we were partners for over thirty years and needed me to live with her permanantly succession was granted to me I had moved all my property into the flat had carried out work such as secure blinds to to alleviate her breathing problems with her asthma as curtains are full of dust this helped her .she said in her letter to lambeth living that I had maintained the property for thirty years and her final wish is that it will be looked after as it had been. Lambeth living have not visited me and I feel they want to pressure me into leaving rather than having to apply to the court I understand the neccessity for space and I suppose yes I do have two small bedrooms and one double bedroom,If I have to leave I want to have options not be dumped in some property.your advise would be welcome My rent account is correct after clearing all arrears when the property was vested in me Your advice would be welcome Kind regards ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have you actually succeeded, has that taken place?
Customer: replied 2 years ago.

yes i am the successor

Expert:  Ash replied 2 years ago.
Ok. Which ground of the housing act are they relying on, or tenancy agreement?
Customer: replied 2 years ago.

ground 15a shedule 2 of housng act 1985

Expert:  Ash replied 2 years ago.
Was it a special needs case before?
Customer: replied 2 years ago.

sorry how do you mean special needs

Expert:  Ash replied 2 years ago.
Ground 15a is for special needs. Were there any requirements before?
Customer: replied 2 years ago.

on the notice of seeking possession it reads will be sought on ground 15aof shedule 2 of the housing act 1985

Expert:  Ash replied 2 years ago.
Is your property:
The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and—
(a)a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs
Customer: replied 2 years ago.

Not as far as i know

Expert:  Ash replied 2 years ago.
Ok, then they cant use Ground 15a, which is what the above is. However in any event assuming it is correct its a discretionary ground. This means the Judge can refuse to give possession (unlike rent arrears).
That means if you convince a Judge that its not right or fair the Judge can refuse to give possession.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

will this mean that possession will not be granted by the court without a formal hearing and the notice not served by lambeth so they cannot force me to take a offer of property which they say will be a final offer if so this will give me more time to arrange my response

Expert:  Ash replied 2 years ago.
Correct.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks to you Alex

Kindest regards

Patrick XXXXXXXXX

Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex