Hsg. Ass. decanted tenant temporarily; can T stay there?

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    Hsg. Ass. decanted tenant temporarily; can T stay there?

    Hello,
    I wonder if anyone can help me.
    I am presently living in temporary accomodation as my local housing association have got round to modernising my home. This has taken ten years to get done and I have had many promises made and then broken over this time, but, at long last, it looks as if work will soon begin.
    We are now living a few miles away and to be honest, my family like the new home. It is everything my own isnt. It is spacious and we prefer it here.
    We would like to stay but the housing authority said no as it is temporary and we will have to move back. The property is up for allocation from September and we will therefore be the last tenents in here before allocation. We do not want to move back and would like to be left here.
    Does anyone know of a way or any legislation which could keep us here? Can we refuse to move back?
    Any help would be appreciated...

    Dave

    #2
    Not yours to keep!

    Surely this property is there for others to use as temp accom too? Your grasping attitude with not endure you to the housing authority, will it? We have a sitting tenant that we can't get out of our own home, so can't sympathise. No doubt there is some law out there to help the likes of people like you who think the world owes them a living. I would love to live in a mansion in Beverley Hills too - but I can't.

    PS This is LANDLORD zone, not LETSHELPTENANTSCHEATTHEIRWAYTHRULIFE zone!!!

    Comment


      #3
      thanks

      Hi Diddled,
      thanks for that reply. I really wish it was beverly hills, but it isnt. We have lived in sub-standard housing for ten years (loose toilets spilling everwhere, electricity supplies which had not been rewired ever, lack of gas supply initially, etc etc).
      I don't believe the world owes me a living, I go to work every day and have done for a quarter of a century to earn one. I am essentially a good guy regardless of being a tenant or landlord and that is the reason I have come to this site. I am looking for help from people who might care to share their knowledge with me.

      I am aware of the name of the site but see requests for all kinds of problems posted here - a good place to come from what i can see.

      The property will not be there for others to temporarily take too. It will be allocated when we have to move back, my question is simply is there a way to stay here?

      Thanks for your comments - noted.

      All the best....


      Dave

      Comment


        #4
        Point taken!

        Dave - maybe I was a bit harsh and took out my frustration with my tenant on you - sorry! I cant understand though how you have lived with these conditions for so long - where was the LA, the health and safety people, the environmental people etc to help you? Our tenants have complained that the house is too cold but wont put the heating on cos it's too expensive!

        Comment


          #5
          This site is open to all, I have come her as Letting Agent, tenant and "Landlord".

          OP, I am not sure of the legal position, BUT I do know a couple on our street who were moved from the house opposite us while essential damp works were carried out, they moved into another house on the street and the Housing Association allowed them to stay in the new house.

          I would put a strong case in, especially if you have evidence of the state of your original home. THe cost implications to move again most be large, has the LA paid these? I would have said they should as they are the ones having to move you and I know private LL would have to foot the bill... but then its one rule for one and one for another!

          Diddled... I know you are frustrated BUT There ARE good tenants out there, I was one for several years, I have been victim to crap LL, LA and local authorities! All the while paying my rent. I have also been on HB an had to FIGHT to get what I was entitled to... one claim I submitted took over 6 months to sort and at one point they claimed I had not submitted paperwork.. I had a receipt to say otherwise so won my claim! I am now in the fortunate position to be living in our own home... but only because I moved in with my partner who owned his own home. Otherwise I would still be relying on private LL or LA.....
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

          Comment


            #6
            Hello Diddled,
            sorry accepted. You are right - I wonder how I put up with these (and other) conditions for so long. The house was taken from the local council by the new housing authority around five years back and I had had promises from the counsil to repair the property. Then when the housing authority took over, I had to reapply for the same repairs and of course was then put in a queue :-(
            I think my weakness was not to demand more but just wait. And wait. And wait some more. Eventually, when the rents rose again I wrote complaining that I was expected to pay the same rent as people with fully modernised properties living both around me (our house had had a previous tennant refusal to modernisation) and of course across the borough.
            I don't like to complain and have never missed a payment of rent. I have put up with the other housing for ten years and would happily forget everything I have been promised and let down upon to have this property for my family.

            Sorry to hear about your bad experiences... I wouldn't even know what a sitting tennant was.

            Thanks

            Dave

            Comment


              #7
              Hi Justaboutsane,
              thanks for you help here.
              The housing authority have moved us to our temporary property and will be moving us back. It would be cost effective just to leave us here. There are so many things which goes against the grain when it comes to cost that it makes me wonder why not just leave us here, it would be a lot cheaper and a lot easier for all concerned. However, the answer to that is that the authority has a policy of not allowing people to stay in temporary property unless under exceptional circumstances.
              The house we have moved from had only one socket in the whole of the front room when we first moved into it. It was round pinned and ancient to look at. The central heating system was not installed until the following week - this was 13 Nov 1998 and the temperature in the unheated house was freezing and below. The list goes on and on. The housing authority say that this has nothing to do with them as this was the councils problems - they may well be right.
              I would happily forgive all the nuisance of the last ten years just to stay here, but unless we have exceptional circumstances, we have no chance - unless anyone knows better.

              Thanks to all in advance..
              Dave

              Comment


                #8
                I know of a family with teenagers who were temporarily moved into sheltered (elderly) accomodation due to repairs at their home. Both were council houses. They liked the new accomodation and have been allowed to stay. I tell this story only to say there is a chance and, as long as you remain polite (which I am sure you will on the evidence above) and make a good strong case to remain you may be able to persuade the association to let you stay. Although the previous state of your old house should be part of the case you would make it stronger by giving reasons why the new house is more suitable (proximity to facilities, schools, work, doctors) even medical evidence if applicable etc. I am afraid you won't get to stay just because you like it! Build the strongest case possible, get outside evidence if you can (for example notes from doctors, bus timetables if routes are better past the new house than the old, evidence of where family live if it is nearer etc etc). Also state your rent payment record and the costs of another move (which you will be expecting them to pay of course!) Then send it right up the chain (not just to your immediate contact) at the housing association. I think this approach has more chance of success than refusing to move. I do not believe you would have any legal right to stay - you have to persuade them to let you! Good luck.
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                  #9
                  Hi Islandgirl,
                  thanks for your suggestions, I will be sure to keep them in mind when I have my meeting with the local area manager this week.
                  I have already submitted some evidence to the Housing Association but so far they are adamant that the property is temporary.
                  Fingers crossed and thanks for the practical advice.

                  Dave

                  Comment

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