Do I have any rights or can I appeal
03/08/2012 5:35 pm
Hello, I have lived in my 2 bedroom property for 33 years with my mother and father. When my father passed, the tenancy succeeded to my mother who has now also passed away.
I applied to the council in April for a Discreationary tenancy based on the fact that this has been my sole residence for 33 years, myself, partner and daughter are in the correct size property (2 bedroom), and we have no savings, are on a basic income and would have to turn to public recourse to be able to rent privately.
I also made a Housing Application at the time of this application as advised but was put in Band D and low priority, due to the fact that I was classed as housed at the time of application .
I was served a "Notice to Quit" the property in April and now I have just heard back (today) that my request to take over the tenancy has been rejected. The council also state that they will not be offering me alternative accomodation either.
I have been asked to vacate and hand back the keys to the property within 14 days otherwise legal proceedings to remove me will begin. They have given me no option to appeal this decision and despite various phoencalls to the council, no one now seems willing to take my calls. It appears that I am no longer the councils problem. I had been reassured at the beginning of this process that I would be informed of decisions every step of the way and that I would always be given adequate time to move. I had also assumed that I would be called for an interview or would have at least have been given an opportunity to put my case forward to the Head of Housing and the board making this decision. I was also told that as I was awarded Band D, this would affect the councils decision but yet this Band may change once the tenancy was refused as I would then be officially homeless - makes no sense?!
I currently work reduced hours, have a young 3 year old daughter and have 33 years worth of stuff (plus my parents) in this house and there is no way I can move it and find alternative accomodation in 14 days?! I have no family, no savings and am totally at a loss about what to do next? Could anyone offer me any advise on what I could do? I have been in contact with the CAB but the person I need to speak to is away until the end of next week and Shelter are advising me to speak to CAB. Could anyone offer me any advise? At my wits end!
P.S After the "Notice to Quit" but before my rejection was received I was advised by CAB to write letters to my local MP, The Housing Portfolio Manager and The Head of Housing, which I did in April. None of these letters were either responded to or acknowledged.
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03/08/2012 5:48 pm
Also...is it even worth trying to appeal this decision? The council has told me that no one has ever been succesful in doing this and that court courts are likley to start at £500. Part of me feels like just leaving and using that money for our future housing needs but then another part of me thinks, as its always been my home, I am going to do everything I can to stay in my home. Am I fighting a losing battle?
04/08/2012 9:43 pm
My heart goes out to you,and I know that doesn't help at all.Your MP should have a regular "surgery" usually weekly,I would not leave it at what you have said about the unanswered letter.See the MP next week.see your councillor next week.Meet a journalist from the local press next week,ask the local tv and radio to also meet you.Find a legal advice centre that helps low income questioners.dont lie back and roll over,be as proactive as you can.You may lose,I can't answer the true legalities of your dilemma,I can say fight back more.Good Luck.