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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i have an assured tenancy with family mosaic , iam trying to

Customer Question

i have an assured tenancy with family mosaic , iam trying to buy the home i live in but they are trying to decline my application
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

Have we not already spoken about this?

JACUSTOMER-vdqsiv7s- :

no

Alex Watts :

Ok - someone else with the same association then!

Alex Watts :

How is it I can help you with this?

Alex Watts :

How long have you lived there, who is named as tenant and why are they declining it please?

JACUSTOMER-vdqsiv7s- :

how do i go about this

Alex Watts :

Just type in the situation here

JACUSTOMER-vdqsiv7s- :

my application for right to buy as an assured tenancy has been declined what advise can you give me

Alex Watts :

Why has it been declined?

JACUSTOMER-vdqsiv7s- :

no answer

Alex Watts :

How do you know they have declined it, if there is no answer?

JACUSTOMER-vdqsiv7s- :

but do you know any rights for me as an assured tenant toreply to this housing association

Alex Watts :

I do but unless I know on what basis they have declined your application I can not help you.

Alex Watts :

Your property must either have been:

  • built or bought by a housing association after 1 April 1997
  • transferred from a local council to a housing association after 1 April 1997
Alex Watts :

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’

Alex Watts :

You can get a discount of between £9,000 and £16,000 on the price of your property.

Alex Watts :

The discount table is located at:

JACUSTOMER-vdqsiv7s- :

they said i was subletting , but the person was my daugters friend and i have already given this explanation

Alex Watts :

Did you take rent of this person?

JACUSTOMER-vdqsiv7s- :

no the person has already left and i didnt want this tocause me any problems

Alex Watts :

How long were they there for? Were you living in the property when they were there?

JACUSTOMER-vdqsiv7s- :

for less than a month, yes iam living in the property

JACUSTOMER-vdqsiv7s- :

but a housing manager came twice claming to check on me and iwas at work , iam anurse and i work unsocial hours

Alex Watts :

And did they then accept this was the case?

JACUSTOMER-vdqsiv7s- :

they have kept quite and there is no communication

Alex Watts :

Have they accepted this was the case?

JACUSTOMER-vdqsiv7s- :

no they dont believe me but nothing has been put in writting to me

Alex Watts :

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.

Alex Watts :

This is where a High Court Judge reviews their decision to see if it has been made legally and whether it was reasonable.

Alex Watts :

Any public decision can be challenged and this is one of them.

Alex Watts :

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.

Alex Watts :

The Solicitor would also be able to represent you.

Alex Watts :

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.

Alex Watts :

But the Judge will consider whether the can refuse and then whether the deicison they made is reasonable.

Alex Watts :

A Judge can affirm the decision or ask them to reconsider it.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-vdqsiv7s- :

i need advise how to go about sorting this problem as i believe i havent done anything wrong to be treated like this .

Alex Watts :

Yes. You need to see a Solicitor about writing a letter in accordance with the Judicial Review pre action rules.

Alex Watts :

I have explained the process above, but you need to now take steps to follow it.

Alex Watts :

But you would need to wait until they refused your application to buy.

Alex Watts :

Then you can take action.

JACUSTOMER-vdqsiv7s- :

do you know of any solicitors in london area in postcode area arround nw2

Alex Watts :

MALIK & MALIK LTD 0208 830 3050

Alex Watts :

LEONIE COWEN & ASSOCIATES 020 7604 5870

Alex Watts :

QUEE & MAYANJA SOLICITORS LTD 0208 438 4547

Alex Watts :

ALEXANDER & PARTNERS 020 8965 7121

Alex Watts :

Does that answer the question for you?

JACUSTOMER-vdqsiv7s- :

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

Alex Watts :

You do not have a right to buy. That is a qualified right.

Alex Watts :

All you can do is if they refuse is ask the Court to review the decision to see if it is legal and reasonable.

Alex Watts :

Does this answer your question?

Alex Watts :

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.

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