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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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MY LANDLORD WONT GRANT ME SUCCESION ON MY TENANCY. I HAVE A

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MY LANDLORD WONT GRANT ME SUCCESION ON MY TENANCY . I HAVE A LETTER FROM MY ORIGINAL LANDLORD STATING I AM ON THE GRANT OF TENANCY AND ENTITLED TO SUCCESION. THEY HAVE PUT ME ON A USE AND OCCUPATION ACCOUT AND RAISED THE RENT FROM £119.46 TO £237.33. THEIR LAST LETTER STATED THIS WILL BE REVIEWED IN OCTOBER WHERE THEY WILL OFFER ME ONE ALTERNATIVE PROPERTY BUT ALSO STATING THAT IF THEY HAVE NOTHING IM STILL TO LEAVE TWO WEEKS AFTER THE NOTICE. CLARION ARE THE LANDLORD.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: EAST LONDON
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: ITS NOT A LEASE . IV LIVED HEAR SINCE 2001 WITH MY PARENTS TILL MY FATHER DIED IN 2008. WHEN WE WENT BACK TO OLD FORD HOUSING AND THEY PUT ME ON THE GRANT OF TENANCY IN 2009
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: IM ON UNIVERSAL CREDIT AND COULD NOT GET HELP WITH THE RENT BECAUSE THEY KEPT LYING ABOUT WHAT I WAS PAYING. ITS A TWO BEDROOM PROPERTY AND THEY SAY IM UNDER OCUPYING AS DO OTHERS HERE. I PAY THE DIFFERENSE

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am sorry to read of the above. May I confirm if this is a private tenancy or a tenancy you went through a council housing association please?

Customer: replied 16 days ago.
HOUSING ASSOCIATION
Customer: replied 16 days ago.
DO I HAVE A CASE AGAINST THEM OR DO THE BULLIES WIN ?

  1. thank you. May I confirm the reason or reasons the Association has given for refusing you succession please?
  2. who is or was named on the tenancy originally? 

Customer: replied 16 days ago.
The original was a joint tenancy with my parents, in 2003 I was named on the tenancy. My father passed away on April 2008, we went back to old ford housing association who placed me on the Grant of tenancy and stated I have the right to succession, I have all the letters from old ford housing

thank you. From what you say, the housing association have issued a tenancy in your name. if this is correct, on what basis do they do so? Would this have been on the basis that you were entitled to succeed to your father's tenancy?

Customer: replied 16 days ago.
According to them yes, but clarion refuse to acknowledge the previous landlords ruling. According to my local councilor he's had dealings with them where they changed the rules. They had to be shamed into fixing the garden fence

thank you. Without some further specifics, I cannot be certain but based on what you say, the above reads as if you have already succeeded to the tenancy. Is this what you understand? if not, what is the basis of your understanding as regards ***** ***** came to be named as tenant on the tenancy if this was other than by way of succession?

Customer: replied 15 days ago.
In 2009 we renewed the tenancy agreement to include my mother and me only. As they stated in the letter they sent us stating I had grant of tenancy and the right to succession. They were the landlords it was their decision

thank you. So I find myself repeating my above post namely that it appears from what you say that you have succeeded to the tenancy that you previously held with your mother or is your mother still jointly named on the tenancy agreement with you?

Customer: replied 15 days ago.
My mother passed away December 2021 , they're refusing the succession, they want the property that's why they put the rent up

thank you for the clarification and my condolences for your loss.

  1. So to be clear, the position is that mother is still jointly named on the tenancy with you?
  2. what specific reason or reasons to be housing Association give for refusing succession? Was it due to a claim that there has been an earlier succession to the tenancy for example

Customer: replied 15 days ago.
They terminated the tenancy saying it was just my mum and yes they're claiming my dad was the first and mum is second but as I said the tenancy was renewed in 2009 and confirmed by old ford housing, they ignore my emails and just keep saying they're investigating.

thank you and thank you for bearing with my questions. The first aspect to establish is whether or not you together with your mother succeeded to the original tenancy granted to your father is a combination of a statutory and discretionary non-statutory succession rotted by the housing association in which case there would be no right for you to succeed again as the above would constitute the first and only allowed succession to the original tenancy; or alternatively, whether as you believe may be the case, the grant of the tenancy to you and your mother was not on the basis of the succession as above but rather was on the basis that the housing association provided you with a new tenancy other than on a succession basis.

It is not clear to me on what basis the housing association would have grant of the tenancy on the latter basis and it seems to me the more likely of the two scenarios is that you and your mother succeeded to the original tenancy on Non statutory discretionary basis and statutory basis respectively and as such, these are the grounds on which the housing association is relying to deny a further succession.

If there is uncertainty or dispute on this point seems to me likely to be the case, you can require the housing association to disclose relevant correspondence and documentation in this respect to enable you to establish the basis for the decision making. If they refuse to provide this voluntarily, then you can make a subject access request for this information under the data protection act.

in terms of raising the matter as a complaint, you can raise a formal complaint on the matter and then escalate this as necessary to the Housing ombudsman using the complaints procedure set out at the following link for independent determination:

https://www.housing-ombudsman.org.uk/residents/make-a-complaint/

Customer: replied 15 days ago.
Thank you so much for your help, I finally feel I have something to do for myself. Thank you for your patience

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 15 days ago.
I will, again thanks

I'm very glad the above was of some assistance

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