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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was a secured council tenant with the right to buy and during

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I was a secured council tenant with the right to buy and during this period my ex-wife who was an occupant and I have high court stay of execution (transfer of property to may ex-wife pending high court appeal hearing) the council went ahead and transfer the tenancy and also council my right to buy with discount of £100,000 and made me homeless despite their promise to court to house me, can I get compensation?
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When they applied for an order for eviction, why did you not ask for a stay please?


they did not apply but because of relationship brake down the family court order the transfer to my ex-wife who did not apply for the transfer hence I appealed against it in high court and the high court order stay of execution based on my right to buy and requested for transcript from the lower court judgement and the council still went ahead and transfer the tenancy while there is stay of execution from high court

Alex Watts :

Ok, did you not apply for an injunction to stop them?

Alex Watts :

Did you not point out to the Council they would be in breach of a Court order?


I did but ignore the order

Alex Watts :

Why did you not get an injunction or take further action at that time?


was locked out by ex-wife immediately the tenancy was changed went to court for re-entry my ex refused me in want homeless was refused housing and was very depress

Alex Watts : But there was a court order preventing such a situation?


Alex Watts : When was the court order please?

transfer lower court 25/2/14


transfer 31/3/14 and high court stay of execution 28/3/14


lower court order was on 25/2/14 for transfer of tenancy on the 31/3/14 and high stay of execution was on 28/3/14 pending appeal hearing 06/06/14

Alex Watts : Ok. Then they should have waited, but also you should have taken it back to court.
Alex Watts : But yes you could claim compensation
Alex Watts : You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
Alex Watts : If they do not then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?

Yes the discount for the right to buy was £100,000 and how much compensation can I claim? or let the court desired what I should get

Alex Watts : Let the court decide.
Alex Watts : Does that help?

I am living with my partner, in one bed flat with two children as they refused to house me and have lost my secured council tenant for 24yrs that was why I got the £100,000 discount


can I pay for you to represent me?

Alex Watts : Sadly I can't represent you as it is against site rules. You can Instruct someone locally though

do I need to write the letter first or go to court?

Alex Watts : Write a letter first threatening court


Alex Watts : Can I clarify anything else for you?
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