Notice to Quit served - I need help please.

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    #16
    Hello there, It ia amazing to note that there is so much response. I really appreciate.
    There is a lot to reply to - let me touch one by one breifly.
    I am glad you understand theartfullodger. But, How do you mean is it the hunter house?
    mk1fan, your response is very helpful for me, I need more of this and you have, I think a balanced view of things. Everyone is innocent untill proven guilty. It is some times good to give chance to what is classified as not normal. If the normality is, any one who is accused of tenancy breach by local authority is always guilty, then we need to advocate that there is a chance for this argument to be wrong. Because it would help for the very good service the landlord is working for.
    Snorkerzy, Yes we need this property, because the plan was that my wife and kids to register in school here this summer. I have applied for many schools already.

    Mr 45002, I found out about the daily occurance from my friends after I came back.
    As to the exace figures of the bills, I have not got it with me, I can ask the suppliers to supply it to me. For the sake of argument you can assume minimal or avarage figure for you to give advice in this case.

    Thanking you the least I can do.

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      #17
      ?

      Originally posted by seme View Post
      Hello there, It ia amazing to note that there is so much response

      Yes we need this property, because the plan was that my wife and kids to register in school here this summer. I have applied for many schools already.

      Thanking you the least I can do.
      You would need to be living there All the time,to register kids for the local school

      The court Will need to know you are living there All the time or you risk loosing the flat..

      But you said

      Originally posted by seme View Post
      My wife has been away for about a year and I have been back to my flat three times during the year.
      seme

      Do you understand what council/social housing is used for and who it's for !
      Fed up with nitpickers and rivet counters...

      Comment


        #18
        Mk1fan, as I read it again your comment is correct in that it is likely to end up in court, unless the council invit us to explain the detail/evidence and that hopefully helps to drop the case. The two tenancy clauses we have been accused of breach are principal home and subleting. 1) you do not need to be in the flat to satisfy main or principal home (as long as you have the evidence to support it) 2) to prove subleting, both parties need to prove a number of thing to convince the court.
        I was lucky to have met a legal professional who knows not only the historical housing law but also the recent changes and recent cases of similar nature. As long as I have the evidence, some you have mentioned, then I have a very good chance of retaining my secure tenancy and may be made an impact on how such issues would be approached by tenancy officers in the future. The evidence I need are available, some from abroad, the only thing is it will take time and this may mean more cost. However, I am determined to see it through with my family and friend who showed great interest in helping us.
        Thanks again

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          #19
          Originally posted by seme View Post
          ...........
          I am glad you understand theartfullodger. But, How do you mean is it the hunter house?
          ........
          There appear to be two addresses, on 3nn Hunter House etc etc... the other 3n Halliday Square etc etc... are either of these relevant??

          Cheers!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #20
            What does the address has to do with you as a senior member of the forum. You should only forward your comment and advice hoping to help others in a legal way. If you require the address ask me and I will provide you through other media if I believe you would contribute better to the question I pose to the forum. If I am talking to the tenancy officer then it is a waist of time as his job is to evict people by any means available - be it harasment, bullying etc Who are you theartfullodger? what is your mission? If you are there to help, then I am willing to receive it.

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              #21
              While I appreciate everyone who contribute to my question, I am a little bit worried that the discussion suddenly stopped because I refrained from confirming my address to one of the contributers (theartfullodger). Have I done any tning wrong by not confirming? Should theartfullodger be offended by this?
              Bye the way, after the notice to quit date ends (a month a go) and as a secure tenant, we all thought the next step was to prepare evidence for the court (which we did) to defend ourselves in court. Suddenly, I received a call today from the tenancy officer and told me that she have not sent the papers to court yet and if I have not cleared & left the property yet, they will change the key to my flat. Any opinion on this will be appreciated?

              Comment


                #22
                I dont know what theartfulldodger meant, he can clarify.

                I think the views of the forum were mixed, as it seems questionable whether you actully need a council home, given nobody from your household lives in the property. This issue as well as whether you are sub-letting the property, is for the court to decide.

                Being served a notice to quit doesnt force you to go and i would be quite surprised if the council changed the locks without obtaining a court order. You are still the tenant, regardless of whether that is right or not. I am quite surprised they even suggested that
                All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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                  #23
                  Thanks MSaxp,
                  I live in the property, but travel to visit family and because of work. The problem arises only because we were not there for the two consecutive days the tenancy officer visit. So, what they have done was, with out any attempt to speak to the tenants they went back to their office and served a notice to quit letter.
                  When they called me today, the telephone number was hidden, but I recognize the voice of the officer and the name.
                  Every one I spoke to are surprised about this and if I can establish evidence ... then it may well be considered as harasment, or what ever.

                  Comment


                    #24
                    A tenancy such as yours can not be brought to an end without a court order. Talk to the housing charity Shelter.

                    Comment


                      #25
                      I am no expert but it sounds strange that the council think you are subletting and are only basing that on visiting the property on 2 consecutive days and finding your friends there. Have you asked them how they came up with the idea that you are subletting?

                      You said in a previous post that you have only been back in the property 3 times in a year. is that correct? How long have you spent away? Can you prove you live in the property? Do they have the details of the person they found in the property? And can that person prove he has another main residence? And I assume no payments from him to you?

                      The advice you get here is as good as the info you provide. The court will ask you the same sort of questions and you will have to provide solid evidence for your statements.
                      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                      Comment


                        #26
                        MSaxp, The officer involved told me that they recieved a call from someone informing them a stranger was coming in and out from my flat. Hence, the officer visit for two days after that call.
                        I can prove I am living in the property and I went for work purposes as I work for myself.
                        They have the details of my friend and my friend can prove that he lives very close to my flat and no payment to me.
                        Yes, it sounds strange, but, my friend as advised by myself (to give access, tell where about I was etc), when the officer knows that we were abroad and found strangers in the flat he decided that we were in breach of subletting, principal home and rent. The rent is obvious silly mistake as the rent has never been on arrears as I have established direct debit from my account from the start of tenancy. Becasuse of these misunderstndings, he went back and server notice. When I came back and spoke to them after a week the damage (notice) was done. They were only trying to collect evidence to justify their mistake. They should have spoken to us about our reasons of going abroad and the intentions of the family coming back.
                        Thanks again

                        Comment


                          #27
                          I would speak to the council again and ask to speak to a superior of the guy you have been in touch with. Sounds crazy that the only evidence is the fact they knocked on the door and found a guest, and i tend to not assume people are crazy. And on top, ringing you and suggesting they will change the locks without a court order.

                          The damage is not the notice, that doesnt oblige you to leave. The problem is that they are unconvinced by you and are pursuing your eviction.

                          I hope this is the whole story. In the end, you dont have to convince this forum, but the judge and if there is evidence against you apart from the 2 visits on consecutive days, then you will be facing the legal consequences.
                          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                          Comment


                            #28
                            MSaxp,
                            As far as I know from the Notice letters and from my discussion with the officer involved, it is only the two days visit and a call from someone that a stranger is in the flat. Nothing else. What else can there be? I can understand the call informing them about the stranger and the officers visit to the flat. However, the laps of procedural process takes place when he serve the notice before he try to speak to the tenant. The notice has a lot of defects, the particulars in the letter are wrong. Such as, It claimed We did not have anything in the flat that belong to the family. Infact, everything in the flat belongs to the family. They claimed also every room has locks etc Yes, I put one lock on one of the bed room only to make sure even my friend do not access etc ...
                            If they give me a chance I will try to speak to a manager level person privately. I do not want an interview setup as I am advised not to give much information that may negatively affect my court proceedings if it goes to that level.
                            Any ways I appreciate and value your comments

                            Comment


                              #29
                              !

                              Originally posted by seme View Post
                              The officer involved told me that they received a call from someone informing them a stranger was coming in and out from my flat. Hence, the officer visit for two days after that call.
                              I can prove I am living in the property
                              Originally posted by seme View Post
                              My wife has been away for about a year and I have been back to my flat three times during the year.
                              Originally posted by seme View Post
                              In fact it cost me a lot of money to keep this flat while I am away.
                              Originally posted by seme View Post
                              The issue of subletting, lodger and looking after the property while the lawful secure tenant is away is also an area that needs a careful attention too. In my case, Yes a friend was coming may be a couple of times a week to check and it gradually became an everyday occurrence.


                              Originally posted by seme View Post
                              It claimed We did not have anything in the flat that belong to the family. In fact, everything in the flat belongs to the family. They claimed also every room has locks etc Yes, I put one lock on one of the bed room only to make sure even my friend do not access etc ...
                              If they give me a chance I will try to speak to a manager level person privately. I do not want an interview set-up as I am advised not to give much information that may negatively


                              You still dont understand what social housing is for,do you !
                              Fed up with nitpickers and rivet counters...

                              Comment

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