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Unlawful Court Application by Housing Association?

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32 views 1 replies latest reply: 21 November 2016
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Tenant

Ok-so facts are:

1-Assured Shorthold agreement started in June 2015- contains NO END date but told  by Housing Association  can stay in property upto April 2017

as that is when  the Housing associaton lease with the third party owner expires- and Housing Associaton need possesion by April 2017.

2- In September 2015 Section 21 notice servced by Housing association giving two months notice requiring possesion- we questioned this and told by Houing

  association we DO  NOT REALYLY  want you to vcate in two months from september 2015 (despite the notice aying we do) – you can of course still stay till April 2017, we just however issue such section 21 notices to protect the Housing Associsation  position etc –  in case you refuse to vacate in April 2017.

3- Now jump forward to present day- November 2016- receive County Court application for possesion order -such orders if granted allow Housing association possession rightsin around 28 days but no less than 42 days -so well before April 2017 in any event.

Ask Housing Association why on esrth issued Court proceedings and told following:

a) You can of course still stay/reside in property till around April 2017 – even though the application

for a possesion order before Court would give us a Court order giving the Housing Associsation possesion rights much sooner

than the agredd later date to leave of april 2017.

b) we apply now for these avabced powers of possesion just in case you don’t leave at the later agreed time of April 2017.

Surely this is an abuse of the Court process by the Housing association ( and in principle misleads the Court) and 

causes a tensabt who has done no wrong and who intends to stick to what has been agreed (and is still agreed) to leave/vacate  by April 20170 to have a Court

Order against their name, when no such Court order is needed and or justified, and such an order may adversly affect the tenants credit rsting etc etc?

Any feedback and advise would be appreciated

b)

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Tenant

This is not so uncommon these days. Landlords often serve Section 21 notices well before their tenants are due to vacate. Establishing these procedures early in time makes sure the landlord has given all the proper notice periods and has met all requirements to gain a swift possession of the property should the tenant NOT vacate when they are due. 

If the landlord / housing association waits until the date of surrender is due and then begin the eviction procedure, that would give the tenant at least 3 more months of time in the property. 

Section 21 notice requires no reason from the landlord, or any justification. So, they can issue it regardless of allowing the tenant to stay. That’s why the court has given them a possession order as easy as they have. 

Of course, all of this is super excessive and incredibly obscene by the housing association. Not only is it abusive, it’s making a real impact on your credit score and the likelihood to find a great property once you move out. Legally, you have been evicted, and regardless of what excuse you give to your new landlord, they will always be suspicious of you. 

I suggest you contact Citizen Advice and seek help on how to formulate an appeal to the court, shining light on your communication (hopefully you have all of this in email) with the housing association and the impact it will have on your future housing. 

Also, make sure you check if your deposit is protected. If not, the Section 21 notice you got served is invalid and therefore the entire eviction is illegal. 

Here is more on Section 21 and eviction if you need some reading:

http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

http://www.thetenantsvoice.co.uk/advice_from_us/how-to-challenge-an-eviction-notice/

http://www.thetenantsvoice.co.uk/advice_from_us/illegal-eviction-and-harassment/

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