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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear, Just Ask.co.uk I have recently applied for a succession

Resolved Question:

Dear, Just Ask.co.uk

I have recently applied for a succession to my mothers council maisonette. I have provided evidence that this has been my principle home for 12 months prior to the death of my mother as the tenancy booklet asks me to do.

However, Carey Gardens housing association - who are the managing agent who act on Wandsworth Council simply state that they refuse my possible succession on the grounds that they do not accept that this has been my principle home for 12 months prior to the death of my mother and have issued me with a 'Notice to Quit.' which expires on 30 June 2014.

My mother sadly passed away this year 18/04/2014 and I did move back to the UK at the end of 2012 to help my mother in her time of ill health. However I do fly back to Sweden often to visit my 6 year old Daughter. My plan was to move my family back to the UK once my possible succession was complete. I feel it is important to note that due to my profession, that I have to travel out of the Uk and even so, I have been in the UK 65% of the last 15 months or so

Here is a check list of the evidence that I have provided so far.

1, A Gas Bill with my name along side my mothers going back since January 2013
2, Bank statements for the whole of 2013
3, A bank statement that states the account was indeed opened in 2007
4, dental records that show I have been using the same dentist for the last 5 years.
5, A medical statement from my local GP that not only states that this has been my practice since 2007, but also shows my recent appointments.
6, My job seekers interview, that was in early 2013 and indeed evidence that I have been working as a government supported sole trader in the UK.
7, Business account statements.
8, Optical statements that I have been using a UK based opticians.
9, A letter from my psychologist.
10, My pension update that demonstrates that this has been my address for some years now.
11, Student loan documentation that going back as early as 2001,
12, A debt collection letter from the end of 2012
13, Am registered to vote from this address.
Submitted: 2 years ago.
Category: Property Law
Customer: replied 2 years ago.
Relist: I still need help.
Expert:  Ash replied 2 years ago.
Hello my name is XXXXX XXXXX 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. There is no need to wait here, you will get an email when I reply.

How long have you lived in the UK home please, as a % of time?

Customer: replied 2 years ago.

I have been in the UK 65% of the last 15 months.

Expert:  Ash replied 2 years ago.
And it has been rejected on what basis please?
Customer: replied 2 years ago.

Nothing, no basis. They simply say that they do not accept that this has been my principle home for 12 months prior to the death of my mother.


 


They stated,


 


(Dear XXXXX


The letter I attached is the document which confirms the Council’s decision in relation to your request to succeed to the tenancy at 6 Blore Close (we are in effect a managing agent who act on the Council’s behalf).


 


I asked to see the councils letter to see on what grounds they made their decision.


 


Only the attachment that was sent will not open and the (if it is the same as what was sent to me) simply states that they do not accept that this has been my primary address with no grounds or evidence stated.


 


 

Expert:  Ash replied 2 years ago.
Ok - this is what will happen.

They have issued a notice to quit. Then they will issue proceedings for possession. You defend it on the basis you are entitled to succeed.

The matter will be set down for a final hearing and a Judge will decide whether to grant possession or to allow you to succeed.

If you can prove 12 months use before death and the majority of time spent in the UK, then this should be fine.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

Yes please and thank you again for the time. I have 3 more simple questions.


 


1, I have stopped paying rent until the flat is put in my name. I have offered to pay the back rent since my mothers death, but I would like the receipt be in my name and not my mothers estate. Was this a wise thing to do?


 


2, Also during the time this succession is taking to evoke... Do I legally have to pay the rent while it is still in my mothers name?


 


3 (lastly) Below is a list of the evidence that I have supplied so far? What more can I contribute?


 


 


1, A Gas Bill with my name along side my mothers going back since January 2013


2, Bank statements for the whole of 2013


3, A bank statement that states the account was indeed opened in 2007 4, dental records that show I have been using the same dentist for the last 5 years.


5, A medical statement from my local GP that not only states that this has been my practice since 2007, but also shows my recent appointments.


6, My job seekers interview, that was in early 2013 and indeed evidence that I have been working as a government supported sole trader in the UK.


7, Business account statements.


8, Optical statements that I have been using a UK based opticians.


9, A letter from my psychologist.


10, My pension update that demonstrates that this has been my address for some years now.


11, Student loan documentation that going back as early as 2001,


12, A debt collection letter from the end of 2012


13, Am registered to vote from this address.

Expert:  Ash replied 2 years ago.
1. No, this is a breach of tenancy.

2. Yes, if you want the property

3. There is nothing more.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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