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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mum has dementia and a housing association is trying to

Customer Question

my mum has dementia and a housing association is trying to make a small claim against her after they threaten to evict her and social services found her alternative accommodation at short notice , we gave two weeks notice instead of four as they had been infringing her privacy in breach of their tenancy agreement by entering her flat when she was in or out without her permission an I was a witness to this as the cleaner and warden answered her phone to me and I have an additional witness to this from a carer, they also are trying to claim for cleaning of carpets that the had claimed they were charging for removal of and then didn't, my mother bought the carpets they did not supply them .
she cannot defend herself as she had dementia but I have power of attorney and I have a letter from the small claims court stating she has to attend, this will distress her as she wont understand what id going on I need advice
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
this housing association has also harassed social services for private information on my mother and when she would be rehoused by phone, denied any invasion of my mothers flat , denied that I informed them I had a power of attorney and didn't know to send all correspondence to myself when they were made fully aware at the start of her tenancy that I had one, and demanded 24 hr care for my mother be started immediately or they would start procedures to evict her and at a meeting with a social worker present made it clear they did not want my mother living at their accommodation due to her health conditions unless they got heir way on 24 hr care that she did not need
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHave you registered the Power of Attorney?
Customer: replied 9 months ago.
yes have a registered power of atorney
Customer: replied 9 months ago.
thay are claiming for the full notice period, for cleaning of flat and removal and clearing of carpets and a small chest of draws in addition to this I have another letter claiming for cleaning of carpets they said they were removing and no adjustment for original claim of cost to remove carpet.
Customer: replied 9 months ago.
as I agreed to removal of carpets I did not give them permission to keep the carpets or clean them after the tenancy ended.
Expert:  Clare replied 9 months ago.
For clarity - it was the Housing Association that forced your mother's move - is that correct?
Customer: replied 9 months ago.
No it was an organisation called agamenon housing they do sheltered housing with criteria that you have to have served in forces or be a dependant of someone who served in the forces.
Expert:  Clare replied 9 months ago.
Sorry - but it was they that wanted your mother to move out?
Customer: replied 9 months ago.
yes they wanted my mother out and made several calls to adult social care demanding to know when she was moving and for personal information which they declined to answer and had to refuse to take their calls as they had no right to such information.
Expert:  Clare replied 9 months ago.
Do you have rough dates for those calls?
Customer: replied 9 months ago.
the calls were made in july and august my mother moved in September two weeks after a meeting had been called with myself and adult social worker to discuss her tenancy and their demand for immediate 24 hr care or they intended to start the process to end her tenancy as she was in their lay opinion not a suitable tenant , my mother did not need 24hr care and their demand was unrealistic and it was obvious at this meeting to social services that my mother was going to be evicted as they had no intention of compromising or explaining my concerns about their breaching of her tenancy as regards ***** ***** to privacy and not having a valid reason for their entering her flat on more than one occasion when they were not invited in by my mother when she was both in and out of the flat, which I found unacceptable especially when her medication went missing for three months and then reappeared inside her flat.
Expert:  Clare replied 9 months ago.
Looking at her tenancy what notice did her landlords have to give her
Customer: replied 9 months ago.
there is no notice time on their agreement on the notice they had to give, I presume the were using standard housing guidance in these matters as they stated they were starting the procedure to end her tenancy so it is unclear.
Customer: replied 9 months ago.
have just found in their correspondence that as of the10th july 2015 they after a meeting they called intended to start repossession of flat , on sept 1st 2015 adult social services informed me of a vacancy at brunel court a housing 21 scheme for supported living, so they had already given notice of termination of tenancy.
Expert:  Clare replied 9 months ago.
Righthave you filed a defence to the claim on behalf of your mother?
Customer: replied 9 months ago.
yes and I have requested the cost of carpets my mother paid for in a counter claim as they were not their property and they claimed to have removed and charged a removal cost for but didn't, and then they had them cleaned and subsequently made a charge again for the cleaning
Expert:  Clare replied 9 months ago.
Excellent.So you have filed a full defence and also a counter claim.You have a medical certificate confirming your mother's dementia?
Customer: replied 9 months ago.
yes I have documented evidence of her dementia
Expert:  Clare replied 9 months ago.
What does the letter saying that she must attend actually say?
Customer: replied 9 months ago.
It says both parties must attend a mediation meeting Monday 22nd Feb to try to narrow or reach agreement if she does not attend then her counter claim will be discounted and a hearing has been arranged for 22nd April, as I hold power of atoney and she can't defend herself am I expected to attend.
Expert:  Clare replied 9 months ago.
Did you actually defend as her "Litigation friend"?
Customer: replied 9 months ago.
It doesn't mention anything like that
Customer: replied 9 months ago.
I'm sorry but this isn't getting me any were and I still have no advice and tomorrow I will face a judge on my mother's behalf no the wiser to predicament
Customer: replied 9 months ago.
Either you can help or you can't I need to know or am I just wasting my money
Expert:  Clare replied 9 months ago.
I am so sorry for the delay.The starting point is to say that yes you should attend since your mother cannot do so.Given that this is the Small Claims Court there is considerably more flexibility in attitude and the fact that you have not done everything exactly as you should will not be a major issue!You need to deal with this matter as your mother's "litigation friend"You can read more about this role herehttps://www.gov.uk/litigation-friend/overviewand as you see the court will have no difficulty in appointing you to this role.In so far as the Claim is concerned your argument is that the Association effectively gave your mother notice and she (you) acted on it appropriately and accordingly the full four weeks notice was not required.You already have the carpet issue coveredDo please ask if you need further details - I shall be online both this evening and in the morningClare

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