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Compassion


Syd

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Help needed please

 

I am currently fighting a battle that I fear I am destined to loose.

 

The old lady (aged 83) living in a council house in my street died last wednesday after a long battle with cancer.

Her partner, aged 73 with a hip replacement and not himself in the best of health, who has looked after her for at least the 20 years that we have lived here, lives with his brother as joint tennant just along the road.

He came every day,all day to care for her.

About 10 years ago her health deterioated to such an extent that he had, on occasion, to stay overnight, eventually it became neccessary for him to more or less stay permanently and so for the last 10 years he has lived there permanently careing for her.

 

Being aged they did not, in the early stages, think this was going to be terminal so after the man moved in it never occured to them to put his name on the "rent book" as joint tennant his sole mission was to care for his lady and not anything else.

 

Now after 10 years living in the house, spending his own money making it more pleasant for her, putting in a double glazed bow window, new wrought iron gates, new concrete driveway, raised entrance path to do away with the steps, and a stairlift and numerous other smaller things includeing and immaculate rear garden, he has been given seven days to vacate the house by the houseing company GENTOO. He is a good tennant and causes absolutely no trouble at all to anyone

 

I am attempting to write to the managing director of GENTOO simply to ask him if he could please review the case with a little more compassion, pointing out his companies often stated friendly and compasionate attitude towards it's tennants, also pointing out that I am not attempting to get one over on his officers that have reached this decission.

 

Sadly my style is normally confrontational, PLEASE, will someone help me compose this letter before I mess it up, PLEASE !!

 

 

 

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Guest Tracker

A sad story Syd and one all too common in the harsh realities of today's money grabbing society.

 

Have you considered involving the media Syd - local newspaper and/or radio & TV might well be interested and they carry more clout than you?

 

Have you spoken to the CAB or Age Concern or your MP?

 

Good luck.

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Thanks Tracker and Malc but if the media get involved then attitudes will undoubtedly harden so I was looking towards apealing for some compassion first, rules are made but are seldom made without giving any room for "special cases" and that is where I thought my best chance for a review of the matter might lie
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Syd

 

The problem seems to me to be that (presumably) he still has a place to live,with his brother, and if he chose to spend a lot of money on someone else's house, that won't mean that he is entitled to live there.

 

As I say, it sounds a very sad case, and hopefully you can get the housing people to at least give him a bit more time to sort himself out.

 

I wish him luck.

 

 

 

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Hi Malc

Yes he does still have a place to go to but it just seems a bit harsh to evict a tennant just to replace them with another tennant.

 

I am actually writing on his behalf and also on behalf of several of his immediate neighbours all of whom think as I do that this is a harsh decission

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Syd - 2010-07-04 12:42 PM

 

Hi Malc

Yes he does still have a place to go to but it just seems a bit harsh to evict a tennant just to replace them with another tennant.

 

I am actually writing on his behalf and also on behalf of several of his immediate neighbours all of whom think as I do that this is a harsh decission

 

If he is a joint tennant with the same organisation, i.e. Council or Housing Association its most unlikely they will agree, and probably quite rightly so give the general shortage of low cost accommodation. If he was about to be made homeless there might be a case but that does not seem to be the situation.

 

David

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Hi Syd,

Sorry to hear of your neighbours plight but the facts are, no matter how much money he has spent on the property to improve it.

He is not a legal tenant and won't be homeless when vacating the property, sad but it happens all too often.

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Hi,

 

It is writ large ... NOBODY CAN BE EVICTED WITHOUT A COURT ORDER. If nothing else, it is a delaying tactic. Harassment will lead to a fine. Eviction without a court order will lead to a fine - but will not give the tenant his home back.

 

Somewhere in one of my DIY legal books, there is mention of something like "sub-tenant", where the legitimate tenant sub-lets to a second tennant. I think it might be dependent on whether the landlord KNEW there was somebody else living in the house. I found the book a bit confusing on this subject, and anyway, it was printed about 40 years ago.

 

Seek assistance from CAB, Age Concern, or solicitor, ASAP. Solicitor should not charge you for first half hour.

 

Something on TV a couple of days ago. DO NOT ALLOW BAILIFFS TO ENTER YOUR HOUSE ..... not even to just "look around". Once they are in, you cannot order them out.

 

OK, I agree with sentiment that occupation by one person prevents occupation by another person. The REAL problem is that there is not enough rentable accomodation. Same as there ain't enough parking spaces..... Ooops! I'll go and wash my mouth.

 

602

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If the man in question is not a legal tenant he has no right to be there, therefore he is a trespasser.

But all is not lost, he can legally claim squatters rights, the council cannot get him out without going to court and under the circumstances of this case has a jolly good chance of being given the legal tenancy.

Under no circumstance must he allow any council official access to the property, if he toughs it out I have every confidence that he will come out on top.

But then again how many immigrants have this particular council got on their books waiting for a property????

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Hi W3526602 and Malcolm

Points taken but will have to checl up with my solicitors in the morning, the housing authority DID know that he was living there but did not say anything to them about it.

 

On Friday I tried to speak to the local housing manager about this but he refused to speak to me full stop even though I had the man concerned with me and also the dead womans daughter.

That was what really made me want to get involved, I now have a feeling that this is going to cost me because my solicitor has a big wallet but he is really good

 

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johngee - 2010-07-04 5:28 PM

 

knight of the road - 2010-07-04 5:00 PM

 

But then again how many immigrants have this particular council got on their books waiting for a property????

 

Oh dear..............................

It is not a case of Oh dear.................. it is a case of fact, don't bother trying to get a house off my local council if you are not an immigrant.

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johngee - 2010-07-04 5:55 PM

 

What has immigration got to do with the original post?

You could say it has an indirect bearing, but that is the way of posts on any forum they can digress and end up debating anything but the original post which makes posting all the more interesting.

A member mentioned that this particular chatterbox forum had gone very quiet, possibly because there have been no posts of real interest (my opinion only) but I stand to be corrected.

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Syd - 2010-07-04 5:27 PM

 

Hi W3526602 and Malcolm

Points taken but will have to checl up with my solicitors in the morning, the housing authority DID know that he was living there but did not say anything to them about it.

 

On Friday I tried to speak to the local housing manager about this but he refused to speak to me full stop even though I had the man concerned with me and also the dead womans daughter.

That was what really made me want to get involved, I now have a feeling that this is going to cost me because my solicitor has a big wallet but he is really good

 

Of course the Housing Manager won't speak to you. You are not acting in any official capacity. If there is a genuine concern perhaps you should involve Social Services. The real issue is that he has a joint tenancy on another Council property, would be be prepared to give that up and has he suggested that to the Council? I can't quite see why you are so involved as he is not being made homeless.

 

David

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Hi Syd,

 

Back to your original request for urgent help .....

 

As a former volunteer advisor and paid advice session supervisor for nearly 20 years at CAB'S in the Wiltshire/Somerset areas, I can only say, as noted above, go to your nearest friendly Citizen's Advice Bureau -- they are FREE, independent, impartial and, above all, confidential -- so , if you are able to get in quick tomorrow morning ( or as soon as your local Bureau can see you) it would be advisable to take "The person concerned" along with you. Any good CAB should be able to assist you with writing a non-confrontational letter -- maybe even negotiating with the Housing Association on your friends' behalf and representing him in the housing County court, if it comes to that. Your friend should certainly 'stay put' as proper notice (7 days is not that) has legally to be given and he cannot legally be evicted without a court order even though he has few housing rights

 

Hope this is helpful -- I can research a bit more if you would like.

 

Also -- look at www.adviceguide .org.uk

 

Best wishes,

 

Colin.

 

P.S.I wouldn't contact a solicitor yet -- unless you have a 'special relationship with one -- and the first contact is free!

 

C.

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Today the old guy has decided that he has not got either the strength or the will to fight and is going to walk away so that is the end of that.

 

Probably the best outcome as he would have been sitting alone in the house where she died, never a good thing.

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