Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Have we not already spoken about this?
Ok - someone else with the same association then!
How is it I can help you with this?
How long have you lived there, who is named as tenant and why are they declining it please?
how do i go about this
Just type in the situation here
my application for right to buy as an assured tenancy has been declined what advise can you give me
Why has it been declined?
How do you know they have declined it, if there is no answer?
but do you know any rights for me as an assured tenant toreply to this housing association
I do but unless I know on what basis they have declined your application I can not help you.
Your property must either have been:
You can’t use Right to Acquire if:
you’re being made bankrupt
a court has ordered you to leave your home
you’re a council tenant – you may be able to use Right to Buy instead
you have ‘Preserved Right to Buy’
You can get a discount of between £9,000 and £16,000 on the price of your property.
The discount table is located at:
they said i was subletting , but the person was my daugters friend and i have already given this explanation
Did you take rent of this person?
no the person has already left and i didnt want this tocause me any problems
How long were they there for? Were you living in the property when they were there?
for less than a month, yes iam living in the property
but a housing manager came twice claming to check on me and iwas at work , iam anurse and i work unsocial hours
And did they then accept this was the case?
they have kept quite and there is no communication
Have they accepted this was the case?
no they dont believe me but nothing has been put in writting to me
They can refuse the right to buy - this is not an absolute right, but if they do refuse you then you can consider a Judicial Review of the decision.
This is where a High Court Judge reviews their decision to see if it has been made legally and whether it was reasonable.
Any public decision can be challenged and this is one of them.
There are special pre action rules to follow so you would need a Solicitor to send a pre action letter and then issue proceedings if necessary.
The Solicitor would also be able to represent you.
Because of legal aid rule changes then you may not get this, so may have to pay private but if you win then you can ask the Judge for costs.
But the Judge will consider whether the can refuse and then whether the deicison they made is reasonable.
A Judge can affirm the decision or ask them to reconsider it.
Can I clarify anything for you about this today please?
i need advise how to go about sorting this problem as i believe i havent done anything wrong to be treated like this .
Yes. You need to see a Solicitor about writing a letter in accordance with the Judicial Review pre action rules.
I have explained the process above, but you need to now take steps to follow it.
But you would need to wait until they refused your application to buy.
Then you can take action.
do you know of any solicitors in london area in postcode area arround nw2
MALIK & MALIK LTD 0208 830 3050
LEONIE COWEN & ASSOCIATES 020 7604 5870
QUEE & MAYANJA SOLICITORS LTD 0208 438 4547
ALEXANDER & PARTNERS 020 8965 7121
Does that answer the question for you?
i still needed to know briefly what my rights are as an assured tenancy holder because i feel the manager is intimedating the way he has handled my case
You do not have a right to buy. That is a qualified right.
All you can do is if they refuse is ask the Court to review the decision to see if it is legal and reasonable.
Does this answer your question?
If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.