succsession

09/04/2011 11:48 pm

Hi, I take it that the tenancy is secure as it was your mothers. As the name secure would suggest this is the most secure tenancy type one could have.

Technically your landlord can request you pay the arrears can as you have succeeded the original tenancy.

In practice the Landlord would find it VERY difficult to obtain a possession order from any judge based purely on arrears that have been inherited via succession. When considering granting an order the judge will consider if the Landlord is behaving reasonable, so the question he'll ask is "is it reasonable to evict YOU based on your mothers arrears?". Generally the answer is no. However this could be further complicated if you have added to these arrears since succeeding the tenancy or if the Landlord already has a suspended possession order.

Whatever the case you should seek legal advice as based on the information provided it's not really possible to give a decent answer.

10/04/2011 12:21 pm

It sounds as though you playing your part, ie keeping up with rent post succcession. You should almost certainly make an application to suspend the warrant at court asap! Once you have made an application there will be a hearing at court.

Has the HA already acknowledged you have succeeded the tenancy via letter or just verbally? If not you will have to show the judge you had the right to succeed. There will probably be one of the following 3 outcomes;

a - Judge agrees to suspend the warrant on terms of rent + whatever he considers you can afford per week (min. £3.30 a week)

b - Judge strikes out original possession order as he feels it is unreasonable for you to pay your mothers arrears

c - Judge gives warrant date and refuses to suspend. (Unlikely considering you have children in the property and it's not a particularly reasonable solution)

In relation to the advice your HA have given about the Local Authority not rehousing you due to arrears, this is POOR advice. I'd consider making a formal complaint about someone giving me this advice! It'd be fair point if you were being evicted for severe ASB but not for a situtation such as yours.

Don't forget courts are impartial and fair so don't worry.

All the best.

12/04/2011 3:38 pm

Kylie

Who has given you 3 weeks to move out with 3 children on board?

The court? No? - if it's the Housing Association, do not move out under any circumstances. Keep paying your rent, seek further advice and keep this thread updated.

15/04/2011 10:43 am

he HA have said that i have signed the agreement that states i have to take on the debt, under the terms and conditions off the succsession.

Have you asked them for copy of this document?

Courts are not the only organisation to have bailiffs deliver for them - is it an eviction notice or actual possession?

Regardless of the council saying they will re-house you, I doubt another tenancy would be immediate - probably temporary housing first of all.

Only seek alternate housing if that's what you want - if you want to remain in your current HA home then that is what you should aim for.

Also, if you move out, any new tenancy agreement may not be as secure as your current one. Do give this some thought.

Have you contacted Citizens Advice / Shelter?

Ask the HA whether council have contacted them (Monday). Keep chasing the council, everyday if needbe.

15/04/2011 4:53 pm

Legal Aid?? - It's been cut, you need to get down the bank and plead for a loan before you can go down the court and plead for the bench.

Yes - legal advice and representation is an excellent idea (which is probably why the Tories are so intent on preventing access to it!)

17/04/2011 6:14 am

Justice is for those who can afford to pay for it ............

18/04/2011 10:19 am

Partly correct nonny - legal aid qualification and legal aid scope has been successively reduced year-on-year for over a generation. Most people have not objected to this cut, until they have needed access to the law. The funding for adivsory services across the country has been cut already, with more cuts to follow, drastically reducing peoples' access to the law. The forthcoming removal of further legal aid scope will make challenging the actions of your provate landlord, for instance, dependent upon your ability to either represent yourself in court or pay for someone to do so. This is already the position in employment tribunals, where workers' access to the law has become so resticted as to be practically non-existant except in the extreme cases of abuse, and the simple to prove discrimination.

Trusting to the outcome of consultation is about as safe as trusting the banks to work in your interests.